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ELECTRONIC COMMERCE AND SERVICES CONTRACT
GENERAL INFORMATION
COMERCIALIZADORA MERCATO, S.A. – hereinafter MERCATO – a Costa Rican company registered with the Registro de Personas Jurídicas del Registro Nacional and with legal entity card number 3-101-795505 with registered office in Curridabat Centro.
DEFINITIONS
The expressions used in this document shall have the meaning and scope mentioned for each case as follows.
Registered Customer: It will be the natural person customer who is a registered customer in the online store MERCATO.CR.
Ready: The service of selection and packaging of the Products requested by the Customer in a specific collection center.
Coverage Area: Geographical area within the Republic of Costa Rica in which MERCATO offers home delivery service. The Coverage Area will be determined by the company and may change at the discretion of management at any time without notice. In no way is Mercato obligated to deliver orders anywhere and at any time requested by the customer. Registered customers should consult the MERCATO website (www.mercato.cr) or the Whatsapp customer service number to determine the location of the coverage area to determine if it is within the service range. It is at Mercato’s sole discretion to determine the area of coverage, and to make exceptions when the company deems it appropriate, for any reason whatsoever. Mercato also reserves the right to charge an additional fee for delivery, when it determines it necessary, and will communicate this to the customer prior to payment.
MERCATO.CR ONLINE STORE: Website for MERCATO customers.
Customer: Person previously registered on the MERCATO Website called “ONLINE STORE MERCATO.CR”.
Purchase: The commercial transaction established between MERCATO and the customer, in any service channel, either through the website, and/or whatsapp channels or social networks through which the customer is served.
Delivery: The act of moving and/or transporting the Order to the address indicated by the Client, provided that the delivery is made within the Coverage Areas, and only in the Republic of Costa Rica.
Carrier: Third parties contracted for the transport and Delivery of the Order to the customer.
Payment Method: The payment system of your choice, which can be MERCATO.CR ONLINE STORE points or any of the credit or debit cards accepted in MERCATO.
Taxes: Refers to the sales tax applicable in the Republic of Costa Rica, the percentage of which is set according to the Cabys catalog issued by the Ministry of Finance.
Order: The products that the Client requests through the web page, or any other platform that is enabled for such effect, to be delivered in the address that the Client indicates, only in the Republic of Costa Rica.
List Price: The value that a given product has on the list of a Collection Center at a given time. This price is the same price that will be applied to the customer’s account for that item on the day the order is confirmed. List prices may vary at Mercato’s discretion at any time, without prior notice to the customer.
Products: Goods that are available for sale to the Customer.
Website: Refers to the website called MERCATO.CR ONLINE STORE.
Collection center: Center where goods are received and packed for shipment to the customer.
ATTENTION TO INCIDENTS
COMERCIALIZADORA MERCATO, with the purpose of facilitating to its clients the expeditious and effective resolution of any complaint, doubt or claim regarding the services it offers, makes available to its clients its Customer Service, with the following contact information: whatsapp 8978-0303 and its email info@mercato.cr.
The time required to respond to complaints will depend on their complexity, but will not exceed five working days. The Customer may follow up on their complaints by any of the means of contact of the Customer Service Department or through the website.
NATURE OF THE PROCUREMENT
The purpose of this E-Commerce and E-Services Agreement is to regulate the conditions of access to the private access area of the website www.mercato.cr as well as the access to the products and services offered by MERCATO to its Customers.
Through the Private Area, the Client will have access to the following services, among others:
Purchase products that MERCATO makes available to the Customer, under the terms and conditions that are offered at any given time on said platform through the MERCATO.CR WEBSITE OR THROUGH YOUR WHATSAPP LINE.
Receive communications and information in general that MERCATO may send you.
Update your personal data.
The Agreement and any additional Special Conditions are concluded in Spanish, and MERCATO’s communications to the Customer during the contractual relationship shall be in Spanish, unless otherwise agreed by the parties.
Regardless of the place where the Client is located, this Agreement shall be governed by the laws in force in the Republic of Costa Rica, to whose courts the Client agrees to submit any dispute or disagreement. The declaration of nullity or invalidity by the competent courts and tribunals of any of its conditions shall not affect the validity of the rest of the established conditions.
SUBSCRIPTION AND SIGNATURE OF THE CONTRACT ELECTRONICALLY
The contracting and electronic generation of the Electronic Commerce and Service Contract is carried out by means of a non-certified electronic signature by the Client, under the terms of the Law of Certificates, Digital Signatures and Electronic Documents (Law No. 8454) and its Regulations.
ACCESS CONTROL
Access to the Private Area will be granted by Customer authentication on the website or in the MERCATO mobile application. Access will be through a user account subscribed by the customer in the MERCATO.CR ONLINE STORE with his/her e-mail address, telephone number, ID and a password set by the Customer. MERCATO may set or modify the rules for authentication, content, terms and conditions and use of the Private Area. The optional functionality may be enabled for the Client to enter the Private Area using his/her credentials on another platform (Facebook, Google, Whatsapp, etc.), in which case the Client must review and accept the privacy settings of the authentication tool. The use of the user name and password is personal, and its custody will be the exclusive responsibility of the Client, and any transaction made by the Client when entering with the assigned user name and password will be considered valid, unless the Client has previously reported the theft of such information by any of the official means of attention. The Customer shall not share its user name or password with third parties. COMERCIALIZADORA MERCATO, as owner of the e-commerce platform, shall have the right to supervise, regulate, sanction and cancel its use.
INFORMATION SECURITY
Once identified and logged in to the Private Area, the data sent by the Client when performing any transaction is transmitted through a secure and encrypted connection, using the Secure Socket Layers (SSL) protocol.
MERCATO will carry out all transactions through Credomatic’s payment platform, which has been certified and regulated by the Superintendencia General de Entidades Financieras (SUGEF).
MERCATO assumes no responsibility for any situation where the security of the company’s systems is violated, such as malware attacks, hacking, or any form where third parties violate the security systems and extract information from Mercato or its customers.
CUSTOMER OBLIGATIONS
In addition to any obligation imposed by law or regulation, the Customer shall be bound by the following:
To safeguard access to the e-commerce platform, making responsible and personal use of their user name and password, and must immediately report any violation of their personal information.
You must have, by your own means and at your own expense, all the access systems required for the use of the e-commerce services and the Website, namely the software, hardware, antivirus, and other tools required for its use.
You must comply with the policies, regulations and provisions issued by MERCATO to regulate the e-commerce service.
It shall provide truthful and updated information.
You must make the required payments for the goods or services contracted in the electronic platform.
INTELLECTUAL PROPERTY
All content on this website, including logos, audio, video, images, text, icons and software is the exclusive property of MERCATO and is protected by intellectual property rights. It is not allowed to use the information published on the website or in communications with the customer, of any product or service that is not from MERCATO, and that in any way may cause confusion among consumers, or affect the image of MERCATO. All trademarks appearing on this site that are not owned by MERCATO are the property of their respective owners, who may or may not be related to MERCATO.
PROTECTION OF PERSONAL DATA
MERCATO is a company committed to the protection and confidentiality of its customers’ personal data, so they are treated and stored in secure servers.
In order to access and use the Private Area and make transactions for goods or services, it is essential that you provide the personal data indicated as mandatory. It is the Client’s obligation to provide accurate, real and updated data, otherwise the contract cannot be formalized and the Client will not be able to access and use the services or carry out transactions.
The Customer’s personal data may be incorporated into databases owned by MERCATO in order to manage their orders and communicate with the Customer about products and services in order to offer a personalized service. By entering into this Agreement, the Client gives its informed consent to the processing of its personal data.
In accordance with the provisions of the Law for the Protection of Individuals with regard to the Processing of Personal Data, Law No. 8968, the Customer may exercise the rights of access, rectification, cancellation and opposition of their data by writing to MERCATO through the Customer Service Department at the telephone number 8978-0303.
COOKIES POLICY
A cookie is a file that is downloaded to your computer or other device when you access certain web pages. MERCATO’s website uses cookies, as they are necessary to facilitate navigation and allow storing and retrieving information about the user’s navigation or its equipment. They can also be used to identify the user. The information collected by cookies is used exclusively by COMERCIALIZADORA MERCATO, except those belonging to third parties.
The MERCATO website uses the following types of cookies, and for the following purpose:
Authentication Cookie. Managed by COMERCIALIZADORA MERCATO, they are deleted when you leave the website or close the browser session.
Analytics Cookie. Managed by COMERCIALIZADORA MERCATO, Google or other providers, in order to count the number of visits, the average duration of these, and other navigation data, in order to perform measurements and statistical analysis to improve the performance of the website and correct any defects.
Advertising Cookie. Managed by COMERCIALIZADORA MERCATO, they register the visits to the web page, or the clicks made on the advertisements of MERCATO’s products or services or those of third parties. They are used for advertising tracking purposes, assessing metrics such as ad views, the place on the page where the ads are displayed, the times, etc.
The Customer may restrict, block or delete cookies from the website, but as a result may not be able to access certain pages or services on the website. The Customer can delete cookies from their web browser settings.
SPECIAL CONDITIONS FOR AFFILIATION TO THE MERCATO.CR ONLINE STORE
AFFILIATION
The affiliation to the Website will be exclusive for natural persons, of legal age, holders of an identification document (valid passport, Costa Rican identity card, valid residence card or other valid legal documents according to the regulations of the Government of Costa Rica) and who have an e-mail address for personal use. No two people can share an e-mail address, and each registered customer must register a unique and exclusive e-mail address.
If the registered Customer registered with his/her passport number or any type of legal document issued by the Government of Costa Rica and this document is modified or renewed, the registered Customer must obligatorily update the identification number through the data update process (in case of not updating his/her data the registered Customer will not be able to qualify to participate in Promotions or any other type of benefits developed by MERCATO).
The Customer must affiliate through the physical or electronic forms provided by COMERCIALIZADORA MERCATO, and provide the information requested to process the affiliation. The form must be signed physically or digitally by the registered Client, and with such signature, it shall be understood that he/she has read and accepted these Particular Conditions, which shall be available to him/her prior to his/her signature.
The information provided by the Client to process the membership must be truthful and accurate, and must be updated by the registered Client whenever it changes. MERCATO reserves the right to verify the information provided by its own means, and to immediately cancel any membership application submitted with inaccurate or false information or information that does not correspond to the registered Customer.
Upon registration to the Website, the registered Customer will receive a confirmation e-mail, which may contain a verification link to be clicked by the registered Customer in order to verify his/her control over the e-mail provided. If the Customer does not receive the verification email or, if received, does not click on the verification link within the time period indicated in the email, it will be understood that the Customer’s membership has not been processed.
PROMOTIONAL ACTIVITIES
MERCATO may run special promotions for registered Customers. In this case, promotions will be governed by their own regulations. If the registered Client wishes to participate in the promotion, he/she shall be subject not only to the deadlines, but also and especially to the mechanics of the promotion, which shall also be indicated in the regulations and which will be communicated by the corresponding means. All promotions are on a “while supplies last” basis.
By participating in a promotion, the registered Customer implicitly grants his/her consent for his/her personal data such as full name, ID number, voice and personal image to be used by MERCATO or commercial partners on television or radio websites, as well as in publications and other advertising media and in general in any promotional material that MERCATO may wish to use in connection with the promotion, either during the promotional period or after the expiration of the same. This authorization shall be irrevocable and shall be granted free of charge.
TERM AND TERMINATION
The Affiliation to MERCATO shall be considered of indefinite term, but may be terminated at any time by the registered Customer, being required only the written communication presented at any Collection Center, or to unsubscribe through the electronic mechanisms that MERCATO may enable in its digital communication channels. Termination of membership by the registered Customer will result in the permanent forfeiture of any points, benefits or royalties associated with their membership.
MERCATO may terminate the membership of any registered Customer at any time if there is evidence of non-compliant use of the card or the Website by the registered Customer, in particular if the registered Customer fails to comply with the obligations of the registered Customer as set out in these Terms and Conditions or any other applicable rules and regulations associated with the Website. Likewise, MERCATO shall terminate the membership upon the death of the registered Customer, or if the Customer is declared bankrupt or insolvent, or by MERCATO’s unilateral and unjustified decision. In any case of termination, MERCATO shall inform the registered Customer of its decision by any of the means of contact provided by the Customer at the time of affiliation or subsequent data update.
MERCATO reserves the right to make changes to its policies, promotions, prices and conditions at any time, and will inform the Customer at the time such changes are made public on its website. It will be understood that the Client ratifies its agreement with these Particular Conditions each time it uses its card to accumulate points, enter the electronic platform, redeem purchase orders, receive royalties or in general make any use of the website or digital channels.
Individual or general termination of the Website shall not give rise to any right to compensation in favor of the registered Customer.
PROTECTION OF PERSONAL DATA
MERCATO is a company committed to the protection and confidentiality of its customers’ personal data, so they are treated and stored in secure servers.
In order to become and remain a member of the Website, it is essential for the registered Customer to provide his or her personal data. Such data will contain unrestricted access data such as your name and identification number, as well as restrictive data such as your means of contact, purchase history, personal image, among others. It is the obligation of the registered Client to provide accurate, real and updated data, otherwise, his/her membership cannot be formalized and he/she will not be able to access and use the services or carry out transactions on the Website.
The registered Customer’s personal data may be incorporated into databases owned by MERCATO in order to accumulate points, electronic actions, sweepstakes and in general, manage everything related to the Website, as well as to process orders and communicate to the registered Customer about products and services of our own or third parties, in order to offer a personalized service, as well as to conduct market research. By entering into this Agreement, the registered Customer gives its informed consent to the processing of its personal data, as well as to MERCATO being able to assign or transfer its personal data to third parties for the purposes described above.
In accordance with the provisions of the Law for the Protection of Individuals with regard to the Processing of Personal Data, Law No. 8968, the registered Customer may exercise the rights of access, rectification, cancellation and opposition of their data by writing to MERCATO through the Customer Service Department.
SPECIAL CONDITIONS FOR ELECTRONIC PURCHASES
The placement of an Order through the Private Area implies the unconditional acceptance by the Customer to comply with and be bound by the following Special Conditions. The Customer should carefully read the Conditions below, and if he/she does not agree with them, he/she should not place any order.
Customer shall ratify its agreement to these Terms each time it places an order through MERCATO’s website or mobile application.
SERVICES OFFERED (AVAILABLE ONLY THROUGH THE WEB SITE)
The services provided by MERCATO for the electronic purchase of products consist of:
Receive the Customer’s Order request through the means enabled for this purpose, website, mobile application or any other means that may be enabled from time to time.
Listing of the Order following the specifications of the products and their quantity for Delivery to the address indicated by the Customer in the Order, as long as such address is within the Coverage Areas.
Charge the Customer the amount of the invoice for the products delivered and the services associated with the delivery of the products, through the established payment methods. The price of the product ordered will be the price published on the website or mobile application on the day the purchase was made.
SERVICE PROVISION SCHEDULES
Web platform: Orders may be received at any time of the day, every day of the week.
Deliveries will be made Monday through Friday between 8:00 a.m. and 6:00 p.m. and Saturday from 8:00 a.m. to 2:00pm.
Customer service hours are Monday through Friday from 8 am to 5 pm.
Orders are planned according to routes in the various delivery areas and for logistical reasons, Mercato is not committed to delivering to individual customers at a specific time and reserves the right to change delivery routes and schedules at any time.
For commercial reasons or force majeure, MERCATO may unilaterally modify the timetable for receipt of Orders or Delivery, and shall not be obliged to notify the Customer.
In the event that the customer requests the order at a specific time, it is agreed with the customer to make the shipment through the contracting of any available third party transportation service, if available, in which case the shipping cost must be covered by the customer.
PRICES
The prices applicable to each product and/or service are those indicated on the website on the date of the Order including, where applicable, all sales tax, except in the case of products exempted from such tax by virtue of a provision of the Ministry of Finance.
The bids shall be duly marked and identified as such, conveniently indicating the previous price and the bid price.
In case the Customer requests products priced by weight or volume, such as fruits, vegetables, meat, fish, cheese, among others, the product with the closest weight to the one requested by the Customer will be shipped. The final pricing will depend on the product shipped, and not on the weight requested by the Customer.
Products sold by unit and products sold by weight do not necessarily have the same weight ratio, and their price allocation per unit is independent of their weight; the same applies when the allocation is by weight, regardless of the quantity or size of the units.
MERCATO reserves the right to apply price changes to the Products at any time and without prior notice.
The shipping cost of the Orders are always indicated on the proof of purchase and Mercato reserves the right to charge it as well as the method of assigning the delivery price.
The conditions and characteristics of the products offered by Mercato are in accordance with the indications of each producer. Mercato does its best to guarantee quality and consistency in the promises of each product. However, the products are produced by third parties, so Mercato assumes no responsibility for any situation where the characteristics indicated by the producer are found not to comply with what is promised on the product. In cases where quality problems or inconsistencies are found in what was promised by the supplier, the action to be taken by Mercato will be to make the necessary arrangements with the supplier, so that he will replace the product to the customer, in the promised conditions. If this is not possible, a credit note will be generated to the customer for the value of the product in question, so that he/she can exchange it for another product of his/her choice, and Mercato will evaluate the decision to stop offering products from that supplier.
PAYMENT
All Orders must be paid in full prior to Delivery. Since products may be requested whose price is fixed by weight or volume, or products that are not available at the collection center, when the Order is placed through the website or digital media, an estimated purchase amount will be generated, which will be subject to subsequent confirmation with the Customer. In case of online payment by credit or debit card, the Customer will authorize a guarantee charge of up to 10% of the total purchase amount, subject to subsequent fixing of the total purchase amount once the order has been enlisted at the Collection Center.
CONDITIONS OF THE ENLISTMENT
The customer accepts that during the process of enlistment, the quantities requested may be modified, with the purpose of dispatching the most approximate quantity available in the collection center from where the order is enlisted, when this quantity is less than the quantity requested.
DELIVERY CONDITIONS.
Orders received before 6:00 p.m. will be delivered the next business day. For orders received after 6:00 p.m., Mercato reserves the right to deliver them the following day, or two business days later, subject to product availability at the collection center for delivery.
Orders will only be shipped if the Customer has previously paid the full amount of the invoice through the established payment methods, including the cost of the Pickup and Delivery service, within the Coverage Area, which may vary in case of exceeding the coverage area.
Delivery outside the Coverage Area will only be offered for Orders with an amount greater than thirty thousand colones, and in that case, the Customer must pay an additional amount of 300 colones for each additional kilometer of travel outside the Coverage Area. Delivery time for orders outside the Coverage Area should be consulted for each Order and the customer understands and accepts in his purchase, that the delivery is planned to be made the next day, but it could vary according to internal or external logistic situations of Mercato.
When the place of Delivery is located in a condominium, housing development or building with access control, the Customer shall coordinate the respective access authorizations prior to delivery. The Deliverer shall be entitled to cancel the delivery of the order after fifteen minutes of waiting to enter the place of delivery of the order. The same shall apply when it is not received within that period at the place of delivery. Mercato does not assume responsibility for delivery in cases where the customer does not pick up the order and the carrier has waited more than 15 minutes. In the event of a drop-off, Mercato reserves the right to charge the customer again for the transport.
Delivery shall be made to the address indicated by the Customer in the respective Order, and shall be made to persons who appear to be of legal age, without it being MERCATO’s obligation to verify the identity of the recipient. MERCATO reserves the right to request identification from the Order recipient. If the Recipient is not of legal age or refuses to identify himself/herself, the Shipper may cancel the delivery of the order.
MERCATO reserves the right to cancel the Delivery in those cases in which the conditions of access, security or integrity of the delivery place put the Deliverer or MERCATO’s goods at risk. Likewise, the Deliverer may refuse to deliver the order if the recipient is obviously in an alcoholic state or under the effect of any intoxicating substance, insofar as the act of delivery may be detrimental or dangerous to the recipient or the deliverer.
For quality control and complaint handling purposes, the carrier or vehicle transporting MERCATO’s goods may be equipped with audio or video recording equipment, which is authorized by Customer.
Delivery and transfer of risk shall take place at the door of the establishment designated by the Client, unless access conditions do not allow it, in which case it may be validly delivered on the public highway. The Deliverer shall not be obliged to enter the premises or store the Order within the premises. The order must not go up more than one floor, if the access is by stairs and there is no electric elevator at the time of delivery. Likewise, if the place of delivery does not have parking for the vehicle in which the delivery is made, the Deliverer shall not be obliged to park the vehicle at a distance greater than twenty-five meters, nor to leave it in places where parking is not permitted.
The Customer shall not be obliged to pay any amount in addition to the amount indicated on the cashier’s ticket for its Order, consequently, it shall not be the Customer’s obligation to pay any amount as a gratuity to the Deliverer. If it does so, it shall be understood that such amount is a gratuity from the Customer to the Deliverer, which does not generate any liability or obligation for MERCATO.
In the event that delivery is not possible for any of the reasons foreseen herein, or in general for any force majeure cause, the Order will be cancelled, the purchase will be reversed, but the Customer retains the obligation to pay the amount incurred by MERCATO for shipping and delivery costs.
ORDER REVIEW AND CLAIMS
For Mercato, the quality of the products it delivers is fundamental. We are committed to deliver top quality products, understanding that we handle primarily fresh produce, produced mostly under agrochemical-free techniques, therefore, the customer understands and accepts that the consistency in size, shape and weight of individual products may vary significantly during the year, without detriment to their organoleptic and nutritional qualities.
Mercato chooses certified organic farms, in transition, or non-certified farms that use responsible and agrochemical-free production techniques. Likewise, suppliers of processed foods that use artisanal and sustainable techniques and organic or chemical-free ingredients are chosen. However, Mercato’s role as a marketer does not include overseeing the cultivation processes of its suppliers, and therefore Mercato is not responsible for producers’ compliance with organic standards.
The Customer must check the Order at the time of Delivery, verifying that it is in conformity and that it has not suffered any unintentional damage due to transportation and/or handling, at the time of delivery. If the Customer is not at the place of Delivery, it is understood that any person receiving the order is authorized by the Customer to review the Order. Any claim or disagreement with the Order must be made by the Customer at the time of Delivery, or at the latest within 2 calendar days, consequently, Mercato reserves the right to analyze each claim and its subsequent actions before the customer, without prejudice to the rights of withdrawal and warranty available to the Customer.
It is understood that we work with fresh products free of agrochemicals. Although Mercato ensures through its suppliers and its own process, to carry the products as innocuous as possible, there is always the possibility that the product contains some contamination of bacteria, fungi, viruses or living organisms. It is the customer’s sole responsibility to check and wash all products prior to consumption. In the event that a product is found to have a problem, the customer must notify Mercato immediately in order to replace the product as quickly as possible.
SHOPPING LISTS
Among the services offered by MERCATO to its Customers in the MERCATO.CR ONLINE STORE, is the possibility of storing shopping lists in the electronic platform, so that the Customer can place orders in the future in an expeditious manner. The use of these lists is the responsibility of the Customer, who must previously verify the Order. MERCATO does not guarantee that the price of the products will be the same from one purchase to another, and if the Order includes products priced according to weight or volume, there may be variations according to the total weight or volume of the product shipped.
RETURNS AND CLAIMS
In case of purchases through the electronic platform, the procedures for claims and product returns, which are within the period established as valid, will be as follows:
The customer may communicate via our whatsapp number, telephone or on the website, where he/she will explain the reasons for the return.
The return will proceed when the purchased product does not have the optimal conditions for its use or consumption, for which the withdrawal of the product in the place where it was delivered and the replacement by an equivalent product, or a substitute of similar price in case the same purchased product is not available, will be coordinated. If the customer prefers, the amount corresponding to the value of the product will be refunded in cash, as long as the return proceeds in accordance with the return policy.
In the event that the customer claims to have ordered the product by mistake, and the product is perishable, Mercato reserves the right to analyze the case and offer or not a refund or replacement of the product. In this case, a credit note will be applied to your next purchase at the Collection Center, in accordance with the return policy.
The right of return or claim cannot be applied to products that have been used totally or partially according to their indications, nor for products whose expiration date is less than or equal to the date on which the claim is communicated, as well as for products that are unwrapped and that for reasons of hygiene or health cannot be returned.
Any costs or fees related to the return of the claimed good shall be borne by the Customer.
