Terms of Use

Welcome to GroceryMarket.ca (the "Site")!

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE.

This Agreement (the "Agreement") is an agreement between you and GM Delivery LTD. ("GMD") that states the terms and conditions under which you may use the Site and receive GroceryMarket.ca Service, which includes processing and delivery of orders. Your use of this Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. GMD reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, GMD will post the new Agreement on this Site and note the date that it was last updated. Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed. If you use GroceryMarket.ca Service, the Terms of Use applicable to each order are the Terms of Use in effect on the date that you place such order. For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this Site. If you do not agree with all of the terms and conditions, do not use the Site or the GroceryMarket.ca Service.

By using this Site, you represent that you are above of the age of 16. If you are under the age of 16, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.

If you have any questions about this Agreement or the Site please call our Customer Service team at 1-800-310-8050 or email at info@grocerymarket.ca

 GroceryMarket.ca Satisfaction Guarantee/Return Policy

Our goal is to achieve a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, please call us at 1-800-310-8050 or contact us via e-mail at info@grocerymarket.ca.

Upon delivery, GMD requires that you go through the order and check it for any items missing or damaged, before the driver leaves. However, you have up to five days after the delivery, or until the expiration date printed on the product, whichever is earlier, to return non-perishable products and two days or 48 hours to return perishable items, i.e. meat, seafood, fruit, vegetables, fresh/non-packaged baked goods, and frozen products. GMD will require the return of the product, with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher. At your request we will refund you the full amount you were charged for the returned item.

The most accurate information about the products we carry is always on the label on the actual product. All labels periodically get updated based on changes in nutritional analysis and formula revisions. The website does not necessarily get updated at the same time - the values on the website are intended to be a general guide to consumers. Please be sure to check manufacturer's description or the actual product label to obtain the most accurate ingredient and nutritional information before consuming, as it is your sole responsibility. We DO NOT refund or exchange products based on discrepancies on labels.

 GroceryMarket.ca Service

Ordering through the Site

When we receive an order, we carefully select all products making sure they are fresh and of high quality; we wisely pack the items you purchased and place them in recyclable grocery bags and special labeled boxes getting ready for a timely delivery around the GTA.

We offer morning and same day evening delivery times with convenient 2 hour long windows. Our deliveries start as early as 6 a.m. and run till 3 p.m. Pricing for each window can be found within our Delivery Schedule.

The standard delivery fee is $9.99 and includes delivery and handling, packaging, on-line transaction fee, etc. We also offer discounted windows (depending on your area and delivery time). You can also take advantage of our free of charge delivery slots if you select an extended window and allow us to burn less fuel by better grouping the orders.

Please note that the cut-off time to place your order for next morning delivery is 12.00 pm. To ensure your delivery slot is available and guaranteed, you can reserve it for 60 minutes before you start shopping. Simply click on the delivery schedule icon and select a window.

You can modify or cancel an existing order online, except for the orders paid for by PayPal. If you need assistance with editing such order or canceling PayPal payments, please contact our Customer Support department at 1-800-310-8050 and notify them of the changes you would like to make to your order. 

Please do not resubmit your order again to avoid double billing. The cut-off time for any changes to be applied to your order is 18 hours prior to delivery.

Price and Availability

At GroceryMarket.ca we believe in offering our customers the best products at the best price. We strive to provide you with great prices compared to the competition near your delivery address. Ordered products are purchased from reputable suppliers (see section About Us). Although our goal is to fulfill 100% of each order, given the perishable nature of the products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. At times when we have an item that is very similar to the item you ordered, we may offer a substitution. Your agreement to the substitution will be required during the checkout process. If you are not satisfied with the substitution, you can inform our delivery personnel at the time of delivery.

If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to delivery.

In case more than 30% of the items on your order cannot be delivered, GMD will waive the delivery fee in full.

Once you completed the checkout, your price, or price per pound/kg where applicable, is guaranteed unless you place an order for an item where we have inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and your credit card or checking account will not be charged.

From time to time manufacturers change weights of their products, and the information on the website might not be up to date. We reserve a right to deliver the available from manufacturer product without a price adjustment in such cases.

Delivery of Products

GroceryMarket.ca ensures acceptable conditions during the delivery to maintain the quality and integrity of your products. To maintain the integrity of products after the delivery, we recommend that you immediately refrigerate or freeze perishable items. We guarantee your products (with the exception of frozen items) will remain fresh in the delivery box at room temperature (78 degrees) for two (2) hours from the time of delivery. Frozen items must immediately be placed in a freezer. If a frozen product was defrosted after the delivery, however not spoiled yet, it cannot be claimed as perished.

To receive delivery, you must be present at the address indicated as the Shipping address in your order. Additionally, you may elect an alternative receiver located within your building to accept your delivery. You will have to call us at 1-800-310-8050 to designate an alternative receiver or make a note when submitting the order in the Delivery Comments section. This alternative receiver can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.

GMD requires receiver’s signature and full name printed on the form handed to you or your alternative receiver by the delivery personnel. If you and your alternative receiver are not present during the delivery time you have selected at checkout, we will make commercially reasonable efforts to contact you and reschedule delivery, in which case you will be charged a second delivery attempt fee of $9.99 plus HST. An additional $9.99 restocking fee applies for fresh food items. In such case when we are unable to contact you and redeliver the order on the day of delivery, the order will be cancelled and you will be charged a cancellation fee of $9.99 plus HST and applicable restocking fee for fresh food items. 

Your order will arrive with an invoice that lists all of the items you received and were billed for and you can always find a copy of this invoice in the My Account section of our website or in your email. If something is missing from your order, please notify the driver or call our Customer Support department at 1-800-310-8050. All claims for the missing items are accepted within 24 hours after delivery.

If the delivery of your order is delayed by more than 30 minutes, as a customer care gesture we will credit your on-line account with the amount you paid for this delivery, so you could have the next order delivered at no charge. This paragraph covers residential customers only and excludes cases when your order is late due to weather conditions or unexpected road closures and major accidents.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there is a significant delay, a customer service representative may call you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit.

Payment and Tips

GMD's delivery personnel are not encouraged to accept tips and do not expect you to pay them any additional amount other than listed in the invoice. Customers are under no obligation to tip drivers.

We accept all major credit cards, Visa Debit and Paypal on-line. You can also pay at the door using your credit, debit card or cash. Please note if you intend to pay with cash, you are expected to have the exact amount; the driver will not have change. If you do not have exact cash, the difference will be credited to your customer account.

If you fail to pay any fees or charges when due GroceryMarket.ca may charge such amount directly to the credit card identified in your Customer Account and may suspend or terminate your access to the GroceryMarket.ca Service.

"On account" payment option is available to our corporate customers exclusively and by agreement only. Please contact customer support to request a copy of the agreement.

Rewards Program

Our Rewards Program is just our way of showing how much we value your business by rewarding you every time you shop. You'll earn rewards points for every dollar you spend online on GroceryMarket.ca no matter how you choose to pay. Redemption is easy! Once you have earned 1000 points, $5 discount will be applied towards your next order. Simply click Apply button at the checkout. This program covers residential customer accounts only.

 License and Proprietary Rights

Copyright and Ownership

This Site and all its Contents are intended solely for personal, non-commercial use. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, GroceryMarket.ca. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with GroceryMarket.ca for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of GroceryMarket.ca is strictly prohibited.

 Access to GroceryMarket.ca Service

Access

You acknowledge that from time to time the GroceryMarket.ca Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which GroceryMarket.ca may undertake from time to time; or (iii) causes beyond the control of GroceryMarket.ca or which are not reasonably foreseeable by GroceryMarket.ca.

ID Number and Passwords

Access to the GroceryMarket.ca is accomplished through the use of a user name and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the GroceryMarket.ca Service with your password. You agree to notify GMD promptly of any unauthorized use of your password and you will remain liable for any use of the GroceryMarket.ca Service until you notify us.

Your Account

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the GroceryMarket.ca. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the Your Account area on our Web site or contact our Customer Service department. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to GMD, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the GroceryMarket.ca Site and use of GroceryMarket.ca Service, to understand our practices.

 Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE GROCERYMARKET.CA SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE GROCERYMARKET.CA SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GROCERYMARKET.CA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE GROCERYMARKET.CA SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GROCERYMARKET.CA SERVICE; GMD DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. GMD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE GROCERYMARKET.CA SERVICES. GMD DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER GMD NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, " GMD PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE GROCERYMARKET.CA SERVICE, OR THE INTERNET. GMD’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE GROCERYMARKET.CA SERVICE AND TO TERMINATE THIS AGREEMENT. GMD RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 Miscellaneous

Termination

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. GMD may suspend or terminate this Agreement or the GroceryMarket.ca Service or remove or disable access to any portion of the GroceryMarket.ca Service at any time for any reason with or without notice to you. You may terminate this Agreement and your GroceryMarket.ca Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. GMD reserves the right to collect fees and charges incurred before you cancel your GroceryMarket.ca Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices

GMD may give notice to you of any change or any other communication related to this Agreement through a general posting on the GroceryMarket.ca Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to GroceryMarket.ca by telephone at 1-800-310-8050or by electronic mail at info@grocerymarket.ca.

Entire Agreement

This Agreement and the Privacy Policy referred to herein represent your entire agreement with GMD regarding the use of the GroceryMarket.ca Service and the GroceryMarket.ca Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, GMD, and GMD Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Last update: June, 2016