Terms and Conditions for the Purchase of Products

Please read this Terms and Conditions for the Purchase of Products (this “Terms and Conditions”) thoroughly prior to making any order or purchasing on Freshket’s Channel. This Terms and Conditions set out the legally binding rights, responsibilities and remedies, of and between the Users and Freshket when purchasing our Products. Also, this Terms and Conditions set out the limitation and exception in purchasing.

1. Definitions

“Channel” means website with the domain name www.Freshket.co, mobile application available under the name “Freshket”, and/or any other website or application that belongs to or is operated by Freshket or its affiliate;

“Force Majeure” means any events, either political or natural ones, beyond Freshket’s control or foresee that causes restrain Freshket from delivering its Products on the date, time and places specified in the Purchase Order such as fires, explosions, earthquakes, drought, tidal waves, floods, war, revolution, insurrection, or military or usurped power, or civil war, accident, or any order of the governmental authorities or any authorities that Freshket is subject to;

“Freshket” means Polar Bear Mission Company Limited, with the company register number 0105557083391, having its head office at 163/141 Soi Prachautid 11, Donmuang Bangkok Thailand;

“Individual User” means any User who registers Freshket account as the restaurant, including the User who registers Freshket account as the restaurant but Freshket examines and considers such User as an individual;

“Parties” means both Freshket and the Users;

“Products” means all products available for sale on Freshket’s Channel, including but not limit to, food, ingredient, seasoning and any other cooking equipment;

“Purchase Order” means the order to purchase of Products made through Freshket’s Channel;

“User” means any individual, and restaurant that is registered as a company, who makes a Purchase Order or uses Freshket’s service through Freshket’s Channel.

2. Placing an order

  2.1. Price of Products showed on Freshket Channel shall be exclusive of the value added tax (VAT). Freshket Chanel shall calculate VAT and delivery fee for each transaction after the User has finalized their shopping cart at check out. VAT and delivery fee shall be explicitly shown, and the User shall be requested to review as such prior to confirming the order and completing the payment.

  2.2. The Purchase Order shall be completed through Freshket Channel only by approaches specified by Freshket. User must ensure that the orders are correct before confirming the order. Once the Purchase Order has been made, it will be unable to revise or cancel.

  2.3. User may place several Purchase Orders at a time wherein the delivering date and time can be separately specified for each Purchase Order by advance notice.

  2.4. For the User that is classified as a restaurant, the Purchase Order shall be completed immediately after the user has confirmed the Purchase Order without making any payment for such order.

  2.5. For the Individual User, the Purchase Order shall not be completed right after the order confirmation. The User must first proceed full payment of such order, then the Purchase Order shall be deemed as complete.

  Once the Purchase Order has been completed as specified in Clauses 2.4 and 2.5, Freshket will automatically send the Purchase Order number and order confirmation to User’s email provided to Freshket. Details of the Purchase Order shall not be able to change or modify after the confirmation has been made.

3. Payment

  3.1. The payment may be made by User on Freshket Channel via (i) credit card or debit card (ii) wireless transfer to Freshket bank account (iii) Playplus and (iv) any other methods available as notified by Freshket.

  3.2. The Individual User shall be required to make a full payment within the specified period and through the available payment methods only in order to confirm the Purchase Order. Once a full payment has been made, the Purchase Order shall automatically be deemed completed. If the Individual User fails to make a payment within the specified period under this Clause, the order shall be cancelled automatically, and the Individual User shall be unable to make a payment for such order. The User who wishes to complete the expired transaction must add the Products into cart and process the checkout all over again.

  3.3. The User who is classified as a restaurant may make a payment for the Purchase Order after the Products have been delivered to the restaurant. In this regard, a full payment must be completed by the delivering day or within the period noticed by Freshket on a case-by-case basis.

  If the restaurant User fails to complete the payment within the due date, the restaurant User shall be subject to the late payment penalty at 15% (fifteen) per annum.

4. Order Cancellation

  4.1. The Individual User shall not be entitled to cancel the Purchase Order after the confirmation and payment.

  4.2. The restaurant User shall be entitled to modify or cancel the Purchase Order, without penalty fee or additional expense, by 22.00 on a day before the delivery date or within the period notified by Freshket on a case-by-case basis.

   If the restaurant User fails to modify or cancel the Purchase Order within the specified period mentioned above, it shall be deemed that such modification or cancellation has not been made. The restaurant User shall accept the delivered Products as per the Purchase Order and make a full payment of such Products.

5. Delivery Service

  5.1. Freshket will be delivering the Products as per the Purchase Order to your restaurants, stores, accommodations, or any other instructed places. In this regard, Freshket will notify the delivery fee to the User prior to the confirmation process.

  5.2. To render our delivery service to the Individual User, Freshket, Freshket’s staff, or the logistic service provider chosen by Freshket (the “Deliverer”) will contact User on the delivering date in order to confirm the delivering address. If the User cannot be reached to confirm the address during the delivering time as specified in the Purchase Order and that the Deliverer is unable to deliver the Products, the Deliverer shall cancel the delivery and return the Products to Freshket without refunding the Products price or delivery fee.

   In accordance with this Clause, User may request Freshket to re-deliver the Products. Freshket is willing to re-deliver the same Products that have brough out to the User on the first delivery. The Individual User shall be subject to pay additional and actual re-delivery fee. In this regard, User agrees and accepts that Freshket is unable to guarantee the quality and freshness of the re-delivering Products which may include fresh foods. The re-delivering Products may not be as fresh as it was at the time of the first delivery.

6. Guarantee of Products

  6.1. At the delivery, if the User finds that the delivered Products are not correct in terms of the quantity or quality, or do not match the description specified in Freshket Channel or the Purchase Order, the User must raise the dispute to Deliverer before accepting the Products. If Freshket inspects and finds that the dispute is accurate, Freshket shall proceed as follows

    (1) Individual User. Freshket shall refund the amount paid for the disputed Products to User in the form of credit within 5 (five) days. User shall use this credit for the next purchase on Freshket Channel or redeem cash as per Freshket’s terms and conditions.

    (2) Restaurant User. Freshket will remove the disputed Products from the invoice of such Purchase Order. However, the User may instead request Freshket to deliver the replacement Products to User by 16.00 on the delivery day.

  6.2. In the event of the Force Majeure and Freshket is not able to deliver the Products to Individual User on the specified date and place, Freshket will be subject to make the full refund of the Products to User as specified in Clause 6.1(1) above.

  6.3. In the event of the Force Majeure and Freshket is not able to deliver the Products to restaurant User on the specified date and place, Freshket is of the duty to inform the restaurant User Immediately.

7. General Terms and Conditions

  Freshket reserves its right to revise, modify, change its website, application, Channels, and its services as well as this terms and conditions at any time without prior notice. In this regard, the revision, modification or change shall be subject to Freshket’s sole discretion.

  In case of any revision, modification or change of this terms and conditions, Freshket shall notify such revision, modification or change through its application and website prior to the effective date of new terms and conditions. Freshket shall also display date of such revision, modification or change on top of the terms and conditions for the User to track the updates.

  If the User does not object the revision, modification or change of the terms and conditions within 30 (thirty) days from the notification date, it shall be deemed that User accepts the updated terms and conditions with no condition.

  If the User objects the updated terms and conditions within 30 (thirty) days from the notification date, Freshket may be unable to render its service to User and may terminate the User’s pending Purchase Order and/or account immediately.