Terms of Service

Welcome to the mestizomarket.com website terms and conditions for use.

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.

We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion.

Before you place an order, if you have any questions relating to these terms and conditions, please contact our Mestizo Market Admin Team by email, or call us on 02073881333, from 10am – 4pm, Monday to Friday.  Please note that as the Physical Market, or Restaurant may be able to assist you with any query you may have out of these hours, they are not responsible for any online orders. Therefore, we advise that the customer communicates with said teams with patience, or sends an email to the Admin Team, who will do their best to respond as soon as possible.

These terms and conditions will apply to all orders for Products which are being delivered within the UK either by our delivery partners, or collected in store. If your order is for Products which are being delivered outside of the UK, please Contact us Directly for Further information.

1. ORDERS AND PURCHASE

All orders are subject to product availability, confirmation and completion. Mestizo Market reserves the right to cancel/not process an order in accordance to our General terms and conditions.

Upon placing an order and successfully making a payment, an automatically generated email confirming receipt of the order will be sent out to the customer. This email will also contain an order summary, stating the important information like Names, shipping address, contact number and any further comments the customer may make at time of purchase. Please note that the Confirmation Email is in no way completion of your order. Please see below for possible reasons as to which your order may not be successfully processed. It is the customers responsibility to check that all the details, submitted by the client, in the confirmation email are correct. If this is not the case, please contact the Mestizo Market Admin Team. If the customer does not receive a confirmation email, they are advised to first check their spam mail. If the confirmation email cannot be located, the customer should then please contact the Mestizo Market Admin Team via the email address adminmarket@mestizomx.com providing their full name, number, and full address. If possible, please provide the date that the order was made.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock
• Our inability to obtain authorisation for your payment
• The identification of a pricing or product description error
• You’re not meeting the eligibility to order criteria set out in the Terms & Conditions
• If you are placing an order for an item that by law is age-restricted, then by clicking the order confirm button you are also confirming to us that you are of at least the legal age required to purchase the product. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly available third-party sources.  We reserve the right not to supply any age-restricted product where we reasonably believe that you are below the relevant minimum age.
• All age-restricted goods must be received by a person who is at least 18 years old at the time of delivery or click & collect handover. We require this regardless of the relevant age limit for the age-restricted product. As an example, age-restricted digital media with an age restriction of 15 can only be given over at the point of delivery or Click & collect handover to an individual who is 18 years old or over.
• We reserve the right to request proof of age identification from you if your order contains age-restricted goods, and we are unsure that you are at least 18 years old at the point of delivery or at the point of ‘pick up in store’ handover. For the delivery or handover of all age-restricted goods, we operate on a Challenge 25 basis, which means that if we think you look under the age of 25, we will ask you to show us proof of age identification. If you are asked for proof of age identification and are unable to provide us with any, we reserve the right to withhold the delivery or completion of a ‘pick up in store’ order.
• We reserve the right to limit the quantities of a given item that can be bought by an individual customer, should we deem it appropriate.
• Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you.

Every customer who places an order for ‘pick up in store’ must state the date they will be collecting the order. Failure to do this may result in your order not being completed at the time you arrive to pick up the order. Please also allow at least 24 hours before collection, especially on weekends as we are particularly busy during these times. For further information, please look at section 2.2.

2. PROCESSING, DISPATCH AND DELIVERY

The customer is advised that there is usually a 24-hour time period from when the order is received to when it is processed. We will then contact the customer if there are any issues with the order. Should there be no issues, the order will then be processed and dispatched with our delivery partners at the time. Please note that Mestizo Market does not stand liable for any delays between the time of the order being dispatched and delivery. Mestizo Market is also not liable of the state in which the items may arrive, given absence of negligence during processing, as we will do our part in making sure the products packed are well protected and cannot be easily damaged by the courier.

Dispatch times may also vary according to courier availability and efficiency. Mestizo Market remains independent of any inefficiencies caused by our delivery partners. Any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

When placing an order, the customer should take responsibility to ensure that all details provided to us at the time of purchase are accurate. It is the customers moral responsibility to ensure that they are the authorised holder of the credit or debit card used at time of purchase. If this is not the case, the Cardholder ‘must’ be present or aware at the time of purchase.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

2.1 COURIER SERVICES

The customer may elect any shipping method at the point of purchase. Mestizo Market remains independent of the customer’s choice of shipping and will not be liable for any losses suffered. In the absence of any negligence, Mestizo Market will not be liable for any damage, theft, loss and delays caused by our delivery partners. Please use the tracking details provided at time of dispatch to locate and dispute any inconveniences, directly with the courier service. Mestizo Market will not be held liable for loss suffered as a result of any products received close to or beyond their shelf life as a result of any shipping delays, or courier inefficiencies from our delivery partners. Please note that the represented delivery times are subject to the Terms and Conditions of the Mestizo Market website. For any questions, please do not hesitate to contact us.

2.2 PICK UP IN STORE

A Customer may elect ‘pick up in store’ as an option at the point of purchase. This service will be provided in accordance with our general terms and conditions.

If a customer chooses to elect ‘pick up in store’, they should note that the order may not be available immediately due to reasons stated below. We therefore request that the customer allows at least 24 hours before picking up their order. Every customer who places an order for ‘pick up in store’ must select or state the date they will be collecting the order. Failure to do this may result in your order not being ready at the time you arrive to pick it up. On collection of the order, we request that the customer remains understanding and patient as our staff will do everything in their power to serve every client as quickly as possible. Please note that any staff member serving you will not have any ‘extended’ details about your order. Should any queries arise, please ask to speak with, or email the Admin Team.

Reasons your ‘Pick up In store’ Order may not be available/not accepted include:

• Under-age customer. Customers should carry valid identification with them in order to prove their age. We will not hesitate to carry out the under 25 age check, in order to prove the age of a customer. Mestizo Market reserves the right to withhold an order from a client if they cannot prove their age.
• Lack of identification. Customers should carry a valid form of identification. Mestizo Market reserves the right to withhold an order from a client if they cannot prove their identity.
• One of the products purchased not currently in stock (in which case we may offer you another product of a similar price, or a refund)
• Items picked at closing time. Customers should check store opening and closing times before making their trip to the store in order to avoid any unexpected inconveniences.
• Failure to follow our general terms and conditions.
• Inability to obtain payment authorisation at time of purchase.
• Disrespect or Rude behaviour in store. Mestizo Market reserves the right to withhold an order from a client if they cannot treat our staff members with respect.

2.3 LOCAL SAME DAY DELIVERY

A Customer may elect Local Same Day Delivery option at point of purchase, only if they qualify for this service. The customer may choose this option if:

• Customer lives in the UK
• Customer lives within 5km of the Physical Market. (exceptions can be made for an extra cost)

Please allow a minimum of one Hour for the order to be processed and dispatched. This service is available from 12pm to 9pm from Monday to Saturday. Customers should note that this option is only available for ‘Ready to Eat’ products from the restaurant on Sundays and not Market products. As a result of this, the customer may be contacted in accordance to our Order Terms and conditions, to have the order rescheduled if they place it on a Sunday. The customer may wish to elect what delivery time slot they require at the point of purchase, as long as it is at least an hour from time of purchase. If they do not, they ‘may’ be contacted to organise this. Please not that this is not our responsibility and that the customer may not be contacted.

It is the responsibility of the customer to provide the correct details at time of purchase and make sure they are home at the time of delivery to receive the order. Should our delivery partner not find anyone at the time of delivery to receive the order, the customer will have to cover the cost of a second delivery, or simply pick up the order in store. Please note that a second delivery may not be available on the same day.

Any deliveries required out of the fixed radius of 5km will be subject to an extra charge to cover the shipping cost with our delivery partners. Please contact us for more information. Local Deliveries are also subject to the website’s General Terms and Conditions.

2.4 FROZEN PRODUCTS AND FRESH FOOD

Frozen products may be purchased online at any time but please note that they cannot be shipped and can only be picked up in store or delivered under Local Same Day delivery. The same applies for fresh food products. At present time, only tortillas can be shipped under 24-hour shipping with our delivery partners in the correct packaging designed to keep them fresh for as long as possible. Please note that the Fresh Food and Frozen Products are subject to the websites General Terms and Conditions.

3. PRICING AND DESCRIPTIONS

We continuously monitor the pricing and descriptions of every product on this website. In the absence of negligence on our part, we will not be held accountable for any loss you may suffer. If we discover an error in the pricing of a product ordered, we will not be liable to dispatch the item at any price, provided that we notify you before we despatch the item to you. In these circumstances, we will inform you of the correct price as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. Should we find out of this price difference after the item has been dispatched, we will not be liable to refund or cover any loss suffered. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. To look at our return policy, please either check section 5 of our terms and conditions or contact us directly. If you cancel the order, no payment will be taken; and if payment has already been taken, it will be refunded with an e-code (promo code) valid for 3 months unless agreed otherwise.

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation the terms and conditions.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.

3.1 PROMOTIONS AND DISCOUNTS

Any Promotions or discounts will be clearly stated in the description of the product. We advise that the nature of these promotions be understood thoroughly before any purchases are made. If an order is completed, and any promotion changes in anyway thereafter, Mestizo Market does not stand liable for any loss suffered. If the Customer has any promotional coupons, they can use them to apply discounts to their purchase in line with the promotional coupon’s terms and conditions. Once these have been processed, they ‘cannot’ be refunded or exchanged. No two promotions can be used at the same time online or in store. Mestizo Market reserves the right to implement and remove any discounts on the website at any time. Please note that all Promotions and Discounts are subject to the General terms and Conditions of the Mestizo Market website.

3.2 ALLERGIES

All allergies are clearly stated and described in BOLD letters, which can be found in the specific information under the item description. In absence of negligence on our part, we will not stand liable for any errors, misunderstandings, or loss suffered by the customer. We advise that these descriptions be read to their full extent before any purchases are made. All ingredients of fresh foods and frozen foods have been clearly added to every such product under specific information under the item description. In absence of any negligence on our part, Mestizo Market will not be responsible for any allergic reactions or emergencies that may happen as a result of consumption of our products, including any cultural or religious issues that may be presented. If a customer requires in depth information on the products being sold on our website, they should contact us immediately before making any purchases.

3.3 IMAGES AND PHOTOGRAPHY

All images used to illustrate or represent products on this website are purely for cosmetic purposes. Mestizo Market provides no warranty that any photographic representations, images or graphics of any nature used are accurate representations of the products sold. Mestizo Market reserves the right, following copyright laws, to use any graphic desired to represent the products sold on this website. In the absence of any negligence on our part, we will not stand liable for any misunderstandings or misrepresentations on the website, such as backgrounds, that may or will cause you to suffer loss. All images and photography is subject to our general terms and conditions.

4. DAMAGED OR FAULTY ITEMS

If a customer receives a damaged or faulty item, and would like to either claim a refund, or return the item; they will need to take a picture of the item to prove this and send it to us in an email to adminmarket@mestizomx.com. This email should contain the Order Number, the full name of the customer who made the purchase, and a full description of the events. This email should be prepared and addressed to the Admin Team within 2 weeks of receiving your parcel. Our team will then process your case and determine if you are subject to refund within 48hrs. If possible, please continue to return the faulty item to us as soon as possible. For more information on our returns policy, please see below. Please note that if the damage caused is as a result of mishandling by our courier partners, we will not be held liable for any loss suffered. Please note that if the item is damaged as a result of obvious malicious damage or as an accident, Mestizo Market will not be held liable for any loss suffered.

4.1 THIRD-PARTY PRODUCTS

Mestizo Market does not warranty that any products, sold and therefore purchased on this website, that are supplied by a third-party partner of Mestizo Market will be of exceptional quality. That the products, outside of negligence from our part, will not be faultless, un-damaged, of poor or degrading quality, lacking in consistency, lacking in flavour, or in any way unsatisfactory. Mestizo Market does not stand liable for any such claims and will not be held accountable for any loss suffered, under the general terms and conditions of this website.

4.2 EXPIRY DATES

We continuously monitor the quality and expiry dates of all products on this website that have a limited shelf life. In absence of any negligence on our part, Mestizo Market will not be held liable for any products purchased that are or almost expired. Please see section 2.1 and section 3.1.

5. RETURNS AND REFUNDS

In the event that the customer might wish to return any items after completion of an order, Mestizo Market will accept these items given that the products are undamaged, unopened and that the items can be resold. Items like hats, clothing and undergarments will not be accepted for return. In case of food items, please return undamaged, unopened and in the same condition as time of purchase. Please note that we may not accept the return of frozen food items. Returns of Fresh food Ready to eat will not be accepted for whatever reason. Please contact the Market Admin Team for further information. In order to return the items successfully, the customer will be required to ship the item(s) back to the store at their own expense. Please be aware that the return parcel should contain a print of the order number, or a copy of the dispatch note and the complete name of the customer who made the purchase. Mestizo Market will not be responsible for any lost items or parcels during the return process. Once our team receives the parcel, they will analyse the products in accordance with the information that was provided by the customer, process the return and determine if the customer is subject to a refund within 48 hrs.

5.1 EXCHANGES

Customer may return an item in order to exchange it for another item. This can be done for an item of the same price. If the client wishes to pick out an item that is more expensive, they may simply just cover the cost. Exchanges can only be carried out in store with a valid purchase receipt to prove the items were bought in our store. Please make sure you bring with you a valid form of identity. Please note that exchanges are subject to the returns and refunds terms and conditions; and will not be accepted unless they meet the above criteria.

5.2 MISSING ITEMS

In case of any missing items, the customer must contact the Mestizo Market Admin team immediately after receiving the parcel. Please be sure to provide your Name, Order number and shipping address when you contact us. Mestizo Market will not be held liable for any missing items, if the parcel has been damaged or opened in anyway. If there are any visible signs of tampering, please contact the delivery partner directly using the shipping information provided at time of dispatch. Please see section 2.1 for further details. In absence of any negligence on our part, Mestizo Market will not be held liable for any loss suffered from any missing items purchased on this website.

6. WEBSITE ANOMALIES

We make no warranty that the Mestizo Market Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Website.

6.1 MAINTANENCE

The website will be subject to periodic maintenance. All maintenance will be kept to a minimum and during hours that we believe are least disruptive. Please note that we make no warranty that you will never use the website whilst it is in maintenance, that you will never be interrupted for maintenance, or that you will not be able to complete your experience on the website in a satisfactory manner due to maintenance. These maintenance checks are to make your experience better as our clients.

6.2 SUDDEN CHANGES

Please not that we make no warranty, that there will never be sudden changes to the website, whether during its use or during maintenance. All sudden changes are subject to the website anomalies terms and conditions. Please see section 6.

7. CORONAVIRUS

Due to high demand and the additional health and safety measures now in place as a result of the ongoing global pandemic, our deliveries and returns may take a little longer to process. In the event that the order does not reach your premises within 2 weeks from the time of dispatch, please contact Mestizo Market Admin team.

As you will be provided with tracking details at the time of shipping, please only contact us upon failure to track your shipment with our delivery partners.

Refunds are subject to evaluation and will be implemented through e-codes (promo codes) valid for 3 months.

If your enquiry is not described within our ‘Terms of Service’, please feel free to contact our Admin Team.

8. GENERAL TERMS AND CONDITIONS

8.1 INTELLECTUAL PROPERTY AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Mestizo Market Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Mestizo Market Website is made available for your personal non-commercial use only and that you may (if necessary, to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Mestizo Market Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

8.2 COMPLIANCE WITH LAWS

The Mestizo Market Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

8.3 LIMITATION OF LIABILITY

While we will use reasonable endeavours to verify the accuracy of any information we place on this Website, we make no warranties, whether express or implied in relation to its accuracy. The Mestizo Market Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Mestizo Market Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

8.4 SEVERANCE

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

8.5 SURVIVAL

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

8.6 LAW

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

9. CONTACT US

MESTIZO MARKET

101 HAMPSTEAD ROAD

NW1 3EL

LONDON

adminmarket@mestizomx.com

Tel: 02073881333

www.mestizomarket.com

SHIPPING