This Customer Agreement (the "Agreement") is an agreement between you and Deli by Chele that states the terms and conditions under which you may use our website and receive Deli by Chele service, which includes processing and delivery (or arranging for delivery) of product orders (the "Deli by Chele Service"). Your use of the Deli by Chele Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the Deli by Chele Service.

 

Deli by Chele Satisfaction Guarantee

 

All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail at sales@delibychele.com or log into your account and send us a message from the "Contact Us" section of the Platform. For perishable products, you have up to seven (7) days after delivery, or until the “Best by” date printed on the product — whichever is earlier — to contact us about the products. For frozen products, you have up to twenty-one (21) days after delivery to contact us about the products. 

 

Deli by Chele may require the return of the product with which you are dissatisfied, with its label and packaging intact,before any action is taken for substitution, replacement and/or credit voucher.

 

1. Deli by Chele Service - Managing Your Orders

 

1.1. Ordering through the Platform. Orders must be received before posted cutoff times for a given delivery. Delivery timeslots are available on a first-come first-served basis. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. 

 

1.2. Price, Availability and Substitutions. Deli by Chele strives to provide you with great prices. We receive fresh products every day to assure you the highest quality. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions. If you're not happy with the substitution, please email us at sales@delibychele.com. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per kg (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an 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, of course, your payment method will not be charged.

Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.

 

1.3. Delivery Fee. A delivery fee may be added to your order. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.

 

1.4. Tip. You may opt is to provide a cash tip at the time your order is delivered but it is not by any means mandatory nor expected.

 

1.5. Variable Weight Orders. Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per pound/ounce indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery.

 

1.6. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes nor delivery fees.

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2. Deli by Chele Service – Payment

 

2.1. Credit/Debit Card and Cash Payments. You may pay for your order through the website, via Xendit (which includes both credit and debit cards). If you experienced trouble making a payment, please contact us at sales@delibychele.com. 

 

3. Deli by Chele Service - Delivery

 

3.1. Delivery of Products. Deli by Chele uses transportation methods to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.

 

3.2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative 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. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you may be charged a cancellation fee.

 

3.3. Invoices. You will receive an email invoice for your delivery. If something is missing from your order, please contact our Customer Service department via our Inquiry e-mail form.

 

3.4. Inclement Weather and Unforeseen Delivery Complications. 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 will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. 

 

4. Purchase of Alcoholic Beverages

 

4.1. You may not legally order any alcoholic beverages unless you are at least eighteen (18) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of eighteen (18). The person receiving delivery must present identification and proof of age at the time of delivery. Deli by Chele reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders in its sole discretion. 

 

5. Access to the Deli by Chele Service

 

5.1. Identification. Access to the Platform is accomplished by creating an account 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 user name password and all use or charges incurred from use of the Deli by Chele Service with your password. You agree to notify Deli by Chele promptly of any unauthorized use of your password and you will remain liable for any use of the Platform.

 

6. Warranty Disclaimer; Limitation of Liability; Indemnification

 

6.1. You expressly agree that use of the Deli by Chele service, the platform, and the internet is entirely at your own risk. The Deli by Chele service, the platform, and its contents are provided on an "as is," "as available" basis. To the extent permitted by applicable law, Deli by Chele 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 Deli by Chele service, the platform, or its contents or with respect to any information, services, and products provided through or in connection with the Deli by Chele service; Deli by Chele does not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. Deli by Chele makes no representations or warranties of any kind as to the availability, reliability, correctness, accuracy, content, or otherwise of any information, services, or products obtained through the platform or the Deli by Cheleservices. 

 

6.2. Neither Deli by Chele nor any of its directors, employees, shareholders, affiliates, agents, representatives, joint venture parties, independent contractors, third-party information providers, merchants, or licensors (collectively, "deli by chele parties") shall be liable, in contract or in tort, 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 platform, the Deli by Chele service, or the internet Deli by Chele’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 Deli by Chele service and to terminate this agreement. Deli by Chele reserves the right to limit your order or the quantity of a specific product you may order. 

 

7. General Terms

 

7.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Deli by Chele may suspend or terminate this Agreement or the Deli by Chele Service or remove or disable access to any portion of the Deli by Chele Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Deli by Chele 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. 

 

7.2. Notices. Deli by Chele may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the "Your Account" section of the Platform. You may give notice to Deli by Chele by e-mail.

 

7.3. Entire Agreement. This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent your entire agreement with Deli by Chele regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you and Deli by Chele. 

 

7.4. Amendment. Deli by Chele may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.