General terms and Conditions

Introduction

Welcome to thefoodshop.vn. We are FOOD SOURCE INTERNATIONAL (VIETNAM) JOINT STOCK COMPANY, located at No. 59, Street No. 1, Thao Dien ward, District 2, Ho Chi Minh city, Vietnam (hereinafter referred to as “Food Source Vietnam”).

thefoodshop.vn is an e-commerce website owned and operated by Food Source Vietnam. Products displayed on this website are for sales under the following Terms and Conditions (“T&C”). Upon registering on thefoodshop.vn you should carefully read and accept the T&C while creating your account and before placing any order.

This T&C is linked to the payment and delivery terms. These documents form the integral parts of the T&C. Upon accepting this T&C, Clients also agree with terms set out in this document.

At any time, Clients can stop using and stop to purchase products on our website if Clients do not agree with the Terms & Conditions or other rules, policies or any other relevant issues.

Definitions

Unless otherwise provided in this T&C, the following terms have the meanings
respectively as follows:

  • “Account” means the Client’s account created by registering on the Site and Client login to make the purchase at the Site.
  • “Business Day” is the day of the week, excluding Saturday afternoon, Sunday or any public holiday prescribed by the law of Vietnam.
  • “Bank Business Day” is the day of the week, excluding Saturday, Sunday or
    any public holiday prescribed by the law of Vietnam.
  • “Cart” is a list of the items a Client has chosen and intends to order, including the number of Products and value of Orders. Cart may change until the Client succeeds in placing his order.
  • “Client” or “Clients” means any natural person in the territory of Vietnam at least 18 years of age or under 18 years of age with parental or the legal guardian supervision and shopping at our Site.
  • “Force Majeure” means events beyond our reasonable control, including but not limited to natural hazards (such as storms, floods, droughts, earthquakes), insurrection, riot, war, hostilities, warlike operations, the national emergency cases, terrorism, strikes, epidemics, fire, fire, accident, breakdown of machinery, traffic limitation, actions of third parties (such as hackers), a Website-related third-party software does not work, interruptions in the supply of public utilities (including electricity, water, telecommunications or Internet) and shortage of Products.
  • thefoodshop.vn is the e-commerce website owned by Food Source Vietnam.
  • “Order” means the order placed by the Clients on the Site to purchase Products from thefoodshop.vn. After the Order is confirmed by our Order Confirmation, that order shall constitute a contract binding us and a Client.
  • “Order Confirmation” is an email we sent to the Clients to confirm that we agree to provide Clients with Products in accordance with the specific terms and conditions.
  • “Products” means the products that we sell on the Site from time to time.  “Return and Exchange Policy” means our policy of replacement or return of Products or refund for the purchased Products which fail to meet the quality standards published on the Website, as specified at the payment and delivery terms.
  • “Terms and Conditions” or “T&C” means the terms and conditions of use and purchases at thefoodshop.vn.
  • “Website” or “Site” means the website thefoodshop.vn operated by Food Source Vietnam in order to sell Products to the Clients.
  • “We” or “us” or “our” means Food Source Vietnam.

Creation and management of Clients’ Account

Upon visiting the Site, Clients can fill the cart without creating an Account. The account is requested only when Client begins to make an order of Products. The account would also help Client to enjoy full functionality and promotion programs we shall launch from time to time. Individuals in Vietnam, satisfying the following conditions, can set up an Account:

  • fully 18 year of age and above; or
  • under 18 year of age with the supervision of their legal guardian.

Clients must read and accept these Terms and Conditions in order to complete the process. You are advised to carefully keep your passwords confidential and shall not share it with other persons. Clients should also immediately inform thefoodshop.vn upon detecting any signals of illegal access to your Accounts.

The Account is created to Clients for the sole purpose of sales and purchase on this Website. The information provided for the registration should be true and accurate in all aspects. Clients are advised to update the personal information upon changes. Clients may also ask for help from thefoodshop.vn to amend the relevant private information through Customer Service Center at +84 28 6680 1169 or at contact@thefoodshop.vn.

thefoodshop.vn retains its rights to reject an order or any delivery due to wrong information detected and shall not hold liable for any direct or indirect damages caused by the non-compliance actions of Clients.

Privacy Policy

Information collected

When a Client registers an account on thefoodshop.vn, we shall collect the private information, including passwords of accounts, full name; email address; date of birth, gender, telephone number, address for delivery and other information requested from time to time.

Subject to the applicable laws, we shall also use information like the purchasing history, transactions value, delivery term and payment methods.

Purpose and scope of using private information

The above-mentioned information is collected for the purpose of operating the sales and purchase process based on Clients’ Orders. The information is also used to support the management of Clients’ Accounts, improving the functions of our Website or dealing with problems during the transaction process.

We focus on maintaining long term relationship with customers. Therefore, information of purchasing history as well as other private information may be used from time to time to set up customers supporting campaign or promotion programs.

With Client’s prior agreement, we shall sometimes send the promotion programs or other information to you through email, address or telephone number.

We may only disclose your information to third party delivery purpose.

Storage and confidentiality of private information

The information provided by Clients will be stored for a period of time in accordance with the regulations. We undertake to use the information for the purpose stated above or any other purposes which are agreed by Clients in advance. We shall not use or disclose them to any other third party for other commercial purposes.

We may disclose the private information or details of your transactions upon request from the competent authorities in accordance with the laws of Vietnam.

thefoodshop.vn is highly aware of the confidentiality of the information and therefore applies the best method and solutions for the strongest protection. Clients are required to fully comply with confidentiality rules to ensure the effectiveness of the protection. We hold no liabilities for any loss or damages caused by the non-compliance actions of Clients.

Representations and warranties

thefoodshop.vn certifies that

  • It is a duly organized and validly existing legal entity and has the full power and right to conduct its business in Vietnam.
  • It complies with all regulations of Vietnamese law applicable to the trading of Products displayed on thefoodshop.vn, especially the regulations in relation to food and health safety, competition, intellectual properties and protection of consumers; and
  • It is liable for its Product, especially defective products of which the specifications, origin, quality are not consistent with declared quality. thefoodshop.vn runs policies of replacement or return of Products or refund for the purchased Products which fail to meet the quality standards published on the Website.

Prohibitions

Users are not allowed to:

  • publish offensive comments or adopt any harassing, threatening, disturbing or any impolite behaviors toward others;
  • have political comments (e.g. propaganda, sabotage, misrepresentation of the Government of Socialist Republic of Vietnam) or discrimination in relation to religion, gender, ethnicity, class;
  • propagate depraved cultural products, offensive or illegal information;
  • disseminate materials, encourage others to perform illegal acts;
  • interfere with the legitimate rights to use account of other Clients on the
    Site;
  • conduct any breach of regulations, including but not limited to those relating to the use of the internet, the public telecommunications network or intellectual property rights;
  • create false information or deliberately impersonate other Clients or the Management Board of the Site;
  • interfere or disrupt internet lines of the Site or other sites linked to the Site; and
  • conduct any other acts prohibited by the laws of Vietnam.

thefoodshop.vn retains the rights to require competent authorities to deal with these violation acts in accordance with the applicable Civil Code, Criminal Code and other relevant Vietnamese laws.

Sales and purchase procedure on thefoodshop.vn.

thefoodshop.vn welcomes Clients to visit the Website and purchase our Products there.

    1. Clients need to select the Products and fill in the desired quantity, and log-in to their Accounts to place Orders.
    1. For Products with a fixed weight, Clients can select and pay directly through the interface on the Website.
      1. For Products as meat or fish where the weight depends on the Products available,

    thefoodshop.vn

      will revert to you within an hour to confirm the exact quantity and total price of the Order by email. A secured link will also be provided to proceed to payment upon Client’s acceptance of the Order.
    1. Upon duly finishing the online payment of the ordered Products, you have succeeded purchasing the Products; the transaction is completed, and the Products are under your ownership.

By purchasing on thefoodshop.vn, Client is deemed to request us to arrange on his behalf, the transport of the Products, which already belong to Client upon finishing the payment, to the Client’s designated location by using our transportation service or in some cases the one of a third party.(see delivery terms)

Territory of operation

We are currently selling the Products and arrange the delivery for Clients located in Ho Chi Minh City only. We may expand our territory of operation in the future.

Transfer of ownership

Ownership of the Products shall be moved from thefoodshop.vn to Clients since the Clients completes the payment and Food Source Vietnam has actually received that payment.

Customer care

In order to provide the best customer service to Clients, we have a dedicated team of customer service that you can reach from 8h00am to 05h00pm from Monday to Friday, 8h00am to 12h00pm on Saturday, except Sunday and National holiday in accordance with the law and/or you may get our 24/7 support through the email address contact@thefoodshop.vn. Through this team, we offer technical support in transaction process or any questions in relation to the quality, preservation and usage guidance of our Products.

Payment is to be made through the One pay link sent in the Order Confirmation email, or in some cases by bank transfer.

After confirmation and payment of an Order, thefoodshop.vn will arrange on your behalf the delivery using his own transportation service or the one of a third party.

We accept replacement, return of purchased Products or refund in cases specified in the Return and Exchange Policy.

Despite our wish to offer the best customer service, we may be unable to ensure all requirements as expected by Clients or remain our service in situation of Force Majeure. Therefore, to the maximum extent permitted by Vietnam laws, we shall not be obliged to perform services which are not offered in this Terms & Conditions. Food Source Vietnam shall also hold no liabilities for any loss or damages arising from the access to our Website for any reasons, including but not limited to website maintenance, breakdown of system, power cut, internet services provider failures to maintain continuity.

Intellectual Properties

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our properties.

Users are not allowed to use any of our intellectual properties rights for commercial purposes, advertisement, introduction or any use, amendment, transcription or distribution any part of them without our prior written consent.

Anything that you submit to the Site or other websites linked to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions and excluding your private personal information, (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content on a royalty-free basis. You shall not use a false e-mail, pretend address to be someone other than you or otherwise mislead us or third parties as to the origin of any Submissions. We may remove or edit any Submissions.

Rights and obligations of Clients

Client shall have the right to:

  • set up his Account on thefoodshop.vn and purchase the Products displayed
    on the Website with the price indicated.
  • seek for help from the Customer Service team;
  • lodge a complaint in relation to an Order;
  • require a replacement or return or refund in accordance with our Return and
    Exchange Policy;
  • other rights in accordance with the laws of Vietnam.

Clients are obliged to:

  • provide correct information and be responsible for its truthfulness and
    accuracy;
  • well maintain and keep their account information confidential;
  • receive the Products if the seal is still intact;
  • pay in full for the Products purchased and strictly comply with the rules
    relating to online payment;
  • follow other rules, guidance and warning provided by thefoodshop.vn from
    time to time, especially rules, guidance and warning to ensure food safety
    during transportation, storage, preservation and use;
  • promptly report us risks of Products to potentially become unsafe upon
    detecting these risks;
  • be solely responsible for any damage to Clients’ health through any food
    allergy, whether known or unknown, that the Client may have.
  • not to use any applications, software, tools or any other forms to intervene or to edit, change the data structure of the Site;
  • not to use, reproduce, copy, modify, publish, transmit, distribute, display, download, license, transfer or sell any part of this Site for commercial purposes or on behalf of any third parties without prior written consent from us;
  • strictly comply with other regulations in accordance with the laws;

By placing an order on thefoodshop.vn, Clients are aware and accept all risks in relation to usage of computers or other devices upon access to this Website.

Rights and obligations of Food Source Vietnam

Besides rights provided elsewhere in this T&C, Food Source Vietnam shall have the right to:

  • delay any Order of Clients, with a prior notice to such Clients, in the case of the unavailability of Products. Client may agree to extend the Order or cancel the Order depending on his/her demand;
  • require Clients to provide accurate information when creating an Account, processing payment or any other information necessary for the handling of Orders on the Site;
  • use information provided in accordance with the laws of Vietnam and this Terms & Conditions;
  • lock, suspend or delete Client’s account upon detecting Clients in violation of any article of this Terms & Conditions or the Vietnamese law.

Food Source Vietnam is obliged to:

  • operate the Site in accordance with the law of Vietnam;
  • provide Products which are fully compliant with Vietnamese regulations of food safety;
  • replace or refund defective Products in accordance with the Return and Exchange Policy;
  • keep confidentiality of private information in accordance with the law and the Privacy Policy.

Links to Third Party Sites

The Website may include links to third party sites; however, we are not responsible for the content of such sites or their terms of services or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Exemption, Waiver and Limitation of liabilities

To the maximum extent permitted by the applicable laws of Vietnam, thefoodshop.vn holds no liabilities for

  • computers, softwares or other devices which are not compatible with the Site;
  • any direct or indirect damages or loss caused by technical problems which are not the direct fault of thefoodshop.vn when accessing this Site;
  • traffic congestion upon accessing to the Site;
  • any direct or indirect damages or loss caused by Force Majeure situation;
  • any damages occurred to Clients’ computers or devices or intervention when accessing to the Site

Without prejudice to any other provision in this T&C and except to the extent required by laws, the maximum aggregate liability of Food Source Vietnam, its employees, officers, sub-contractors or agents for any act or omission, whether in contract, tort (including negligence) or otherwise in relation to this T&C shall in no circumstances exceed the value of the Products purchased from which a dispute is arisen.

Governing Law and Dispute Resolution

These Terms and Conditions, other documents, policies published on the Site and the relevant sales and purchase transactions shall be governed by the applicable laws of Vietnam.

Any claims or disputes arising out of or in relation with the transactions at the Site shall be amicably settled between parties. Failure of that, they shall be finally settled at the competent Court in accordance with the laws of Vietnam.

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