In the context of these terms and conditions, the terms "Bestco Fresh Food Mart" ("Bestco," "we," "us," or "our") and "Customer" or "you" refer to any individual, entity, firm, corporation, or organization that places an order with our company. Prior to utilizing our online store ("site"), we urge you to thoroughly review the following terms and conditions. By accessing and using our site or any of its components, you acknowledge that you have perused these terms and conditions and consent to their binding nature. We reserve the right to modify these terms and conditions periodically by updating this publication. Any alterations to the terms will become effective upon their publication.
1. The selling prices and promotional offers on our website may vary from those at physical Bestco Fresh Food Mart stores.
2. The prices applied to your order are the ones in effect on the day of your order placement.
3. All orders are contingent upon the confirmation of final product availability, and we maintain the right to reject any order at our sole discretion. If we cannot fulfill certain products or services in your order, we will notify you via phone or email before delivery.
4. To make a purchase through the Site, you must be a minimum of sixteen (16) years old and at least nineteen (19) years old to order alcohol. Only individuals meeting these age requirements are eligible to place orders for alcohol products. By placing such an order, you confirm and warrant that you meet the required age criteria. We may request proof of age before allowing you to order such products.
Email & Other Electronic Messages
Occasionally, we may dispatch eflyers and other promotional emails or electronic messages to you. If you wish to stop receiving these promotional emails, you can easily unsubscribe by utilizing the unsubscribe option provided within any of our messages. Additionally, please note that we may send you transactional and operational messages pertaining to your account(s).
Registration and Login Information
We may require you to register for access or usage of specific Services, and subsequently, you might need to log in to access these Services. Additionally, there may be instances where we ask you to reset or update your password(s) and/or modify your profile details. When you register for a Service, it may grant you the convenience of logging in to other Services without the need for a new registration, often referred to as "single sign-on."
On occasion, to register or log in to a Service, you may be asked to provide additional profile information that is pertinent to your access or usage of that particular Service. Consequently, you agree to furnish accurate and up-to-date information about yourself upon request and to promptly update this information as necessary to ensure its accuracy and completeness.
It is your responsibility to maintain the confidentiality of any passwords or other account identifiers that you select or are assigned as a result of registration or purchase. You are also accountable for all activities conducted under such password(s) or account(s). Furthermore, you commit to informing us promptly if you become aware of any unauthorized use of your password or account. Bestco bears no direct or indirect responsibility or liability for any type of loss or damage incurred due to your failure to comply with this section, or for any delay in deactivating your account after you have reported a security breach to us.
Delivery and Pickup Services
We offer two delivery options: 1) Self-pickup; 2) Delivery. For orders within the eligible delivery area: Orders with a subtotal of 68$ or more (before tax) qualify for free home delivery. Orders below 68$ will incur a shipping fee of 8.99$. For self-pickup orders, we do not charge any shipping fees.
The delivery service area includes Toronto, Markham, Richmond Hill, Vaughan, Newmarket, Aurora, Oakville, Mississauga, and Brampton. In the future, we plan to expand our delivery service to a larger area, so orders from other cities and regions cannot be shipped at the moment. We apologise for any inconvenience this may cause. You can choose the "self-pickup" option for their orders.
You can choose the delivery date and time when placing your order. Please ensure that there will be someone available at the delivery address during the chosen time slot. For the safety and well-being of residents and drivers, as well as considering factors such as building security and legal parking, deliveries to condominiums and apartments will be made to the lobby area and doorstep delivery service will not be provided.
On the specified delivery day, our delivery personnel will contact you via email to provide an estimated time of arrival for your package. If you need to change the delivery time, please inform the delivery personnel promptly. If the change request is made BEFORE the delivery route begins, the delivery will be cancelled, and you will need to contact our third-party logistics and customer service to arrange for redelivery, with no additional delivery fee. If address changes are requested after the delivery route has started, a re-delivery fee of $5.65 plus tax will apply.
Our delivery personnel will call you one hour prior to the delivery to confirm the delivery method. Upon arrival at your specified delivery address, they will place the package as agreed upon. If you are unable to respond promptly, the delivery personnel will proceed with the delivery at the originally scheduled time and may leave the package at your doorstep or hand it over to the building management, which will still be considered a successful delivery.
After a successful delivery, you will receive a delivery notification email and SMS. Please retrieve your order promptly, and be advised that neither our platform nor the third-party logistics provider will be responsible for any loss or damage that occurs. If none of the delivery attempts are successful, you will need to contact customer service to arrange for redelivery and pay the delivery fee again.
In the event of an order cancellation and refund due to delivery-related reasons, only the purchase amount will be refunded, and the service fees and incurred shipping costs will not be refunded. Customers are not permitted to refuse delivery for reasons unrelated to product quality. If you discover any quality issues with the products, please contact customer service within seven days for assistance with returns and exchanges following the prescribed procedure.
Due to logistics factors, the delivery time will be based on the display by the third-party logistics provider. Our platform may not display delivery dates in real-time. If the third-party logistics provider updates the delivery time manually based on factors such as delivery area and distance, please refer to the information provided by the third-party platform. Due to uncontrollable factors such as holidays, inclement weather, or other unforeseen circumstances, there is a possibility of shipment delays. We apologize for any inconvenience this may cause.
You can track your order via our third-party logistics company. Once our platform receives your order confirmation, we will promptly hand over your order to our partnered third-party logistics company. When the third-party logistics company receives your order, they will update you with a tracking number and package status via email and SMS. If you have any logistics-related questions or issues, please contact the third-party logistics company directly.
If you have not actually received your order but you have received an “order has been delivered” message from the third-party logistics, please contact our customer service within seven days. The following situations leading to parcel loss are not covered by our policy: 1) Incorrect recipient information causing the parcel to be undeliverable; 2) Parcel loss due to failure to register with the property management or property management errors; 3) Failure to contact customer service within the specified time to track parcel anomalies.
If you have received your order but there are missing items in you order - The reasons for missing goods may be: 1) Pre-order items - please check if the missing items are pre-order items and refer to the pre-order item page for the expected arrival date; 2) Out of stock items - please contact customer service within seven days to discuss refund details for the missing items.
For self-pickup orders, please visit the designated pickup location during the time slot you selected at the time of payment. The pickup address is: 175 Commander Blvd, Scarborough, ON M1S 3M7 Canada. If a customer contacts customer service to change the pickup time after placing an order, the latest confirmed pickup time will be used.
The order will be available at the location you selected when you placed your order. We reserve the right, in our discretion, to place reasonable limits on the number of orders scheduled per day per account.
We take reasonable care to have your order ready for pick up within the time slots provided. Accordingly, it is your responsibility to ensure that an appropriate person is available to receive the order. In the case of in-store pickup, at the selected location during the pick-up time slot confirmed at the time of checkout.
Once your order has been confirmed ready for pick-up, if no one attends at the selected location during the pick-up time slot, or if the person who attends is not an appropriate person to receive the order, the goods will be retained by us. We will attempt to Contact (as defined below) you and use reasonable efforts to rearrange pick up, failing which we will cancel your order. In the event of a rearranged pick-up, we have the right to administer a restocking fee reasonably determined by us.
Please note adverse weather or road conditions and other events outside of our reasonable control may result in late or cancelled orders. If that is the case, we will Contact (as defined below) you as soon as reasonably possible to reschedule your order time and date. If we cannot reach you, we will cancel the pickup and your order.
Placing an Order
Product Availability, Pricing, and Ordering Terms:
1. Location-Based Variations: Product availability, pricing, and promotions may differ based on your location or, in the case of pickup, the chosen pickup location. When placing an order on our Site, you will find the most precise pricing, promotions, and product availability information before proceeding to checkout.
2. Order Acceptance: Bestco retains the right, at its sole discretion, to accept or decline any order submitted on the Site. An online confirmation of order receipt serves as acknowledgment of receipt, but not as acceptance of the order. The final acceptance or rejection of an order will be conveyed through email to the address associated with your order or via telephone.
3. Order Cancellation: Bestco, at its sole discretion, may cancel an order that has been previously accepted. In such cases, you will be contacted. If your order is canceled by Bestco, we hold no obligation to fulfill it, and you will not be required to make any payment.
4. Additional Information: On occasion, we may require additional information or verification before accepting or processing an order. In such instances, you will be contacted.
5. Product Changes: Subject to applicable laws, (a) product availability may vary, and we may not be able to fulfill an order for certain product(s) at selected locations. In such cases, you will not be obligated to pay for them unless you accept a substitute; and (b) we reserve the right to modify product listings, prices, and descriptions on the Site without prior notice or liability, and we may rectify pricing errors at any time. While we strive to maintain the Site's accuracy, prices, selection, and availability, including promotional offers, may change without notice. We are not responsible for any losses or damages resulting from such updates or changes.
6. Accuracy Disclaimer: We make an effort to provide accurate product images, descriptions, ingredient and nutritional information, as well as product filters and categorizations on the Site. However, we do not guarantee that this content, or other information, is always accurate, reliable, current, or complete. We reserve the right to rectify any inaccuracies or typographical errors on the Site and bear no liability for such errors or omissions. Information may be altered or updated without notice, and prices and product availability are subject to change without notice.
7. Quantity Limitations: Bestco may, at its discretion, impose limitations on the quantity of items purchased per person, household, or order from time to time. If such limitations or restrictions are applied to an order placed by you, you will be notified.
8. Variable Weight Items: For items with variable weights, such as certain meats, produce, or items priced by weight, the price displayed on the Site is an estimated range based on the expected weight. The final price is determined after we have prepared and weighed your order, and it will be indicated on the invoice at the time of delivery or pickup. You have the right to remove a product from your order if you are not satisfied with the final price and weight.
9. Bag Charges: Currently, we do not charge for each bag used to pack your order, but this policy may change. We reserve the right, at our discretion, to introduce bag charges at any time without prior notice. If bag charges apply, they will be displayed at checkout when placing your order on the Site. We estimate the number of grocery bags required for your order at the time of order placement and adjust it to reflect the actual quantity during order dispatch.
10. Bottle Deposits: Certain products may require a bottle deposit under specific circumstances. In such cases, a deposit fee per bottle will be added to your order. The applicable deposit fees will be presented at checkout when submitting your order on the Site. You may be eligible for a per-bottle refund when returning empty bottles to a Bestco store.
11. Age Requirement: To place an order through the Site, you must be at least sixteen (16) years old and at least nineteen (19) years old for alcohol orders. Only individuals meeting these age requirements can order alcohol products. By placing such an order, you confirm and warrant that you meet the required age criteria. We may request proof of age before allowing you to order such products.
12. Payment Authorization: During the credit card authorization process, the authorized amount will cover the estimated order total, including charges for bags (if applicable), deposits, delivery fees, and other applicable taxes and charges. If an item you ordered is unavailable when your order is assembled, we may substitute it with another comparable item, with your prior authorization. The substituted item may have a different price than the one you originally ordered. Upon order delivery or pickup, our team members will identify the substituted items, and you have the option to reject them, including any substitutes. Subsequently, your order will be updated, and you will be contacted with a list of accepted items and the final amount to be charged to your payment method. The actual amount charged to your payment method may vary from the estimated amount due to factors such as product availability, substitutions, weight discrepancies, bag quantities, and other similar factors. The resulting final amount will be charged to your payment method.
Processing and Payment
1. Currency: All dollar amounts displayed on the Site are in Canadian dollars.
2. Minimum Order Value: We reserve the right to establish a minimum order value (excluding fees, charges, and taxes). This requirement may be waived, altered, or varied by location at our sole discretion.
3. Service Fees: At our discretion, we may charge service fees for delivery and/or in-store pickup, which will be presented on the Site as a "delivery fee." The delivery fee may vary based on location, selected store, or time slot but will be clearly indicated on the booking page and confirmed at checkout when you place your order on the Site.
4. Payment Authorization: By completing the checkout process and submitting an order through the Site, you agree to pay the full amounts for the selected items (or any accepted substitutions), along with all applicable charges, including fees for bags, deposits, delivery fees, taxes, etc., using your chosen payment method (e.g., credit card). You authorize us to process the payment using the selected payment mechanism, and you confirm that you are authorized to use this payment method. If your payment via credit card is declined by the card issuer or processor, your order will not be fulfilled, and we will have no obligations regarding it. During the credit card authorization process upon order submission, your card will be validated, and you must have sufficient available funds for the transaction to be approved. You are responsible for any associated fees, including legal and collection costs, incurred in the collection of unpaid balances.
5. Applicable Terms: The version of these Terms in effect at the time and date of your order placement, as available on the Site, applies to your order or transaction. With each order you place, you confirm that you have reviewed and accepted the applicable terms in effect at that time.
6. Additional Information: To finalize an order, you may need to provide certain additional information necessary for order processing. Failure to complete or incorrect completion of this information may result in non-acceptance or acknowledgment of your order. We retain the right to modify acceptable payment methods at any time.
7. Order Modification: You have the option to modify your order (e.g., add or remove products, change quantities) through the Site before submitting your order. Once your order is submitted, including product details, quantities, and delivery/in-store pickup information, it cannot be altered or canceled.
8. Coupon and Voucher Redemption: When you redeem any coupon, code, or voucher (excluding manufacturers' coupons) accepted through the Site, the redemption will be reflected at checkout and is subject to validation and redemption requirements. Manufacturers' coupons and warranties are the responsibility of the individual manufacturers and are not accepted by Bestco.
9. Promotional Errors: In the event of an inadvertent typographical error on any coupon or special offer for our promotions, we reserve the right to suspend redemption or terminate the promotion entirely.
Subject to any limitations set out in these Terms or as we may reasonably impose from time to time, you can request product refunds by contacting us by email at firstname.lastname@example.org. If your request for refund pertains to a product quality, a picture is required to help our team assess the matter. Please review the Return Policy for full details.
Intellectual Property Rights
1. Personal and Non-Commercial Use: Your utilization of the Services is restricted solely to personal and non-commercial purposes, unless Bestco has provided written permission for alternative use.
2. Rights Reserved: Bestco holds all rights to the Services and its content. You are strictly prohibited from copying, modifying, reusing, transmitting, distributing, or reposting any of the displayed content, unless otherwise permitted in these Terms and with written authorization from Bestco.
3. Legal Protections: The content presented on the Services is safeguarded by copyright, trademark, and other applicable laws. You must adhere to all such laws and comply with relevant copyright, trademark, or other legal notices and restrictions.
4. Authorized Redistribution: On occasion, we may grant you explicit authorization to redistribute specific content for personal, non-commercial purposes. We will clearly indicate the content that you are permitted to redistribute and outline the methods through which you may do so (e.g., via email). This authorization may be revoked by us at any time.
Your Use of the Services
The Services, along with all the content they contain, are provided in their current state. This means we renounce any explicit or implicit warranties regarding our Services and the content therein. This encompasses (but is not confined to) assurances that the content maintains a certain level of quality or is suitable for a specific purpose, that the functional components within the content will operate without interruption or errors, that our Services or the servers facilitating their availability are devoid of viruses or other harmful elements, or that following any instructions, guidelines, or recipes within the content will guarantee successful results or outcomes.
Furthermore, you accept full responsibility for any expenses associated with necessary servicing, repairs, or corrections. It is advisable to take precautions to ensure that any content you access or download is free from viruses, worms, trojan horses, or any other potentially destructive elements. There is no assurance of uninterrupted access to the Services at any given time.
Our Services might include links to websites operated by third parties. However, we lack control over these third-party websites and disclaim responsibility for their content. Linking to such third-party websites is done at your own risk, as we do not authenticate or investigate the information found within them.
Disclaimers of Limitation and Liability
The information provided through our Services is believed to be accurate and comprehensive when initially posted. Although we strive to maintain the accuracy and timeliness of this information, we cannot guarantee its continuous accuracy, completeness, or quality.
Our Services may contain forward-looking statements regarding our future performance. These statements are based on the assumptions and beliefs of our management, considering the information available to them at the time. We are not obligated to update these forward-looking statements on our Services, and they are subject to uncertainties and external factors that may result in substantial deviations from actual results.
Bestco shall not be held responsible for any damages or injuries arising from your use of our Services. These damages or injuries may include, but are not limited to, those caused by:
1. The use or inability to use our Services.
2. The utilisation of, or inability to utilise, any websites linked from our Services.
3. Performance failures, errors, omissions, interruptions, defects, operational delays, or transmission issues.
4. Computer viruses or line failures.
Additionally, Bestco is not liable for damages, including but not limited to:
1. Damages intended to directly compensate for a loss or injury.
2. Damages that could reasonably be expected to result from a loss or injury (consequential damages).
3. Other miscellaneous damages and expenses stemming directly from a loss or injury (incidental damages).
This limitation of liability applies even if negligence is involved or if our authorized representative is aware of the possibility of such damages, or both.
Furthermore, Bestco is not liable for any delays or failures to fulfill our obligations under these Terms or with respect to any completed or attempted transactions on our Services if such delays or failures are beyond our reasonable control.
In any circumstance, our liability to you for all losses, damages, injuries, and claims of any kind (whether under contract terms, negligence, or any other legal theory) will not exceed the amount you paid to access the specific Service that is the basis of the claim, if any such fees were paid. If no fees were paid for using the Services related to the claim, you acknowledge that your remedies will be limited to injunctive relief only, unless otherwise permitted by law, and you will not be entitled to any damages, regardless of the cause of action.
To the maximum extent allowed by applicable law:
(a) We do not provide any explicit or implied warranties, assurances, or conditions, including but not limited to warranties of merchantable quality, fitness for a specific purpose, title, or non-infringement. Any products sold or available on the Site come with warranties, if any, provided solely by their manufacturers (in which case, your recourse would be against the manufacturer). Your purchase and use of all products entail inherent risks, and all products are provided "as is," with all potential faults, and as available. You assume all risks concerning their quality and performance. We do not guarantee the accuracy or timeliness of the information accessible on the Site. You acknowledge that computer and internet systems are not infallible and may experience downtime. We do not guarantee uninterrupted, punctual, secure, or error-free access to the Site, nor do we guarantee the prevention of data or content loss.
(b) Under no circumstances shall the Site, Services, Bestco, or their respective employees, officers, or directors be responsible for any direct, indirect, incidental, special, exemplary, general, consequential, or punitive damages. These damages may include, but are not limited to, lost profits, lost savings, lost data, or loss of use. These damages are associated with the Site and/or Services, the products, content, and information available, offered, or sold on or through the Site, their use or misuse, or any unauthorized access to, alteration of, or loss of any data or content. If, despite the foregoing, you have a legally valid basis for seeking damages from us or our employees, officers, or directors, the total liability of all such parties will not exceed the greater of $100 or the purchase price of the products involved in the transaction that gave rise to the liability.
The above limitations and exclusions apply regardless of the legal basis for the claim, including but not limited to contract, tort (e.g., negligence and product liability), strict liability, or any other legal basis, and whether or not we were aware or should have been aware of the possibility of such damages.
We retain the discretion to, at our sole discretion, restrict or terminate your access to the Services (or any part, aspect, or feature thereof), remove any content or information you have posted on the Services, and/or forbid your use or access to the Services (or any part, aspect, or feature thereof) for any reason, or no reason, at any time, with or without prior notice. Without limiting the above, we may, at our sole discretion, restrict access to the Services and/or terminate the registration of any user who violates these Terms or infringes upon the intellectual property rights of others.
You agree to indemnify and hold harmless Bestco, its subsidiaries and affiliates, as well as each of their directors, officers, agents, contractors, and employees, from and against any losses, liabilities, claims, demands, damages, costs, and expenses, including reasonable legal fees, arising from your use of the Services, or any content, information, or products accessed, offered, ordered, or purchased through the Services. This also applies to your conduct in connection with the Services or with other users of the Services, or any violation of these Terms or any law, or the rights of any third party.
These Terms will be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, as applicable (without the application of conflict of law principles). If any provision of these Terms is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of the remaining provisions. We may revise these Terms at any time by updating this posting without notice to you. These Terms constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements concerning your use of the Services. Our failure to insist upon or enforce strict performance of any provision(s) of these Terms does not constitute a waiver of another provision or a waiver of the same provision on another occasion.
Bestco Accessibility Policy
Please review our Accessibility Policy for full details.