Terms of Service
The AFRICEXPRESS Site aims to give You a superb home shopping service. We have set out below the conditions under which You are allowed to use the Site, what You can expect from Us and see the terms on which You place Your order.
- DEFINITION OF TERMS
"You" and "Your" means the person ordering Goods from AFRICEXPRESS, who must be over 18 years of age.
"AFRICEXPRESS" or "We" or "Us" or "Our" means Delight Group Incorporated Limited whose registered office is at AFRICEXPRESS The Bridge Shopping Centre, Garnier St, Portsmouth PO1 1SD
"Account" means Your details and shopping history which is created when You register to shop through the Our Groceries Site.
"Deliver" means Us delivering the goods that You order to the address stated in Your order (and that address must be within Our delivery area) and "Delivery" and "Delivered" shall be interpreted accordingly.
"Collect" means You collecting the goods that You order from the AFRICEXPRESS store address that is stated in Your order (and that address must be within Our collection catchment area) and "Collection", "Collecting" and "Collected" shall be interpreted accordingly.
"Let Us Know" means change or cancel Your order via Our Groceries Site or call Our Groceries Contact Centre. You may also write to Us at our Headquarters, AFRICEXPRESS The Bridge Shopping Centre, Garnier St, Portsmouth PO1 1SD
"Site" or "Website" means Our Groceries Website at https://africexpress.co.uk and for the avoidance of doubt, excludes purchases of financial services goods, and from all other areas of AFRICEXPRESS.co.uk
This section explains how You are allowed to access and use the Site.
2.1 Use of and access to the Site
2.1.1 From time to time it will be necessary for us to carry out maintenance on the Site which may result in occasional periods of downtime.
2.1.2 We can't promise that the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
2.1.3 You can use the Site to browse and buy goods and services from us and to manage your account with Us but not for any other purpose.
2.1.4 You must not use Your AFRICEXPRESS email/username and password combination to access the Site, or any part of the Site, including Your shopping list or favourite items, from anyone else's site. That is because access to the Site by commercial organisations, whether or not acting on behalf of Our customers, is strictly prohibited.
2.2 Content of the Site
2.2.1 We may update the Site from time to time, and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it. Although we try to update the information on the Site, we make no representations, warranties or guarantees, that the content on the Site is accurate, complete or up-to-date.
2.2.2 We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
2.2.3 All rights, including without limitation any intellectual property rights, in any data on the Site, or any part of the Site, provided by Us or You, or any third party, such as for example Your shopping list or favourite items (the Data) will automatically be owned by AFRICEXPRESS. You agree that You are not allowed to use the Data, or permit any third party to use it, without Our express permission. If the law prevents us from automatically owning any rights in the Data, you now assign such rights to us.
2.2.4 You are responsible for configuring Your information technology, computer programmes and platform in order to access the Site. You should use Your own virus protection software.
2.2.5 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
2.3 Non AFRICEXPRESS Websites
Sometimes to help You in Your shopping experience We may include links to other non AFRICEXPRESS websites. As You would expect, AFRICEXPRESS is not responsible for the content of those websites.
2.4 Governing Law
2.5 Changes to these Terms
- TERMS OF SALE
These terms of sale will apply if You place orders on Our Site.
3.1 Becoming a Customer
3.1.1 To place an order on Our Site You must be over 18 years of age, require Delivery in Our Delivery area or a Collection in Our collection catchment area and have a credit or debit card acceptable to Us in Your name.
3.1.2 When You register You will create a username and password which You must use whenever You shop with Us. You must treat Your username and password as confidential and must not disclose it to any third party. Please keep this information in a safe place because You will be responsible for all activities and orders made under Your password and username. If You think that someone else may either know or be using Your username and password, please contact Us immediately.
3.1.3 We reserve the right to decline a new customer registration or to suspend or disable Your Account at any time and at Our sole discretion.
3.2 Our Contract
3.2.1 Our Site invites You to buy goods from Us. Once You have placed an order on the Site We will send You an order acknowledgement by email setting out what You have ordered and the price of Your order. This is not an order confirmation or acceptance from Us. A legally binding contract with You will only arise once We have completed Delivery of the goods to You or You have completed Collection of the goods from Us. At this time You become the owner of the goods. This means that You will have no legal liability in connection with Your order until Delivery or Collection (as applicable) is completed.
3.2.2 These terms regulate the supply of goods to You by AFRICEXPRESS. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.
3.2.3 The failure of AFRICEXPRESS to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. AFRICEXPRESS reserves its rights in respect of these terms and conditions at all times.
3.3.1 The price of the item(s) You order will be the price on the Site at the time You place Your order or amend Your order. If a new price or promotion is in place after You have placed Your order for example, a multi-buy offer or price reduction which may be advertised on the packaging of goods you have ordered, these prices and promotions will not be applied to Your order.
3.3.2 We give You the choice of ordering certain items such as fruit and vegetables either by weight or by quantity. As it is difficult to select loose items such as these to an exact weight, if You order these items by weight We'll charge You for the actual weight picked - and We always try and get as near as possible to the weight You ordered. Loose items are priced by weight in store, meaning that if You order by quantity and the items picked in store have a higher than average weight, You may be charged more than the guide price given online at time of order. If the items in store have a lower than average weight, You may be charged less than the guide price given online at time of order.
3.3.3 In addition to the price you will also be charged:-
- a Delivery slot or a Collection slot charge; and
- If the total price of Your items for Delivery is £39.99 or less; or Collection is £24.99 or less then You will be charged an additional £3.
All charges, with the exception of single use carrier bag charges, The total price of Your items excludes delivery, collection and carrier bag charges.
3.3.4 For Your protection and security, and in order to verify the debit or credit card details provided, We will contact Your card issuer and perform a 3DS authentication check, or if your card is not enabled we will request a pre-authorisation of 1p on the day You checkout Your order to request a pre-authorisation of 1p. We will verify Your card for 1p each time You amend Your order. It is important to point out that this pre-authorisation is NOT a charge to Your card and will not be billed to You. Your card issuer may hold this amount for a short period, but this will never be taken from Your account.
3.3.5 The day before or on the day your order is Delivered or Collected, we will request a pre-authorisation for the amount of Your order at the time it was checked out, which is the amount shown to You when You confirm Your online order. We do this to ensure that the card details are still valid and that You have sufficient funds to complete the transaction.
3.3.6 We will debit the total value of Your checked out order once it has been Delivered or Collected. However, if there are differences between Your checked out order and the contents of Your Delivered or Collected order, an adjustment will need to be made to the amount debited from Your debit or credit card. In the event the total value of goods Delivered is less than the checked out order amount (for example if an item was unavailable and removed from Your order or due to price changes in accordance with
3.3.1 above), You will be refunded the difference. In the event the total value of goods delivered is more than the checked out order amount (for example if the price of weighted items differs from the amount specified in Your order in accordance with
3.3.2 above) or due to price changes in accordance with
3.3.1 above) You may see a separate charge on Your credit or debit card statement. The total amount payable by You for Your order (following any adjustment required) will be the amount shown at the bottom of the Delivery note given to You at the time of Delivery or Collection. Any required adjustments will be processed on the day of Delivery or Collection and may appear as a separate line on Your credit or debit card statement. However, the adjustment may take up to 5 working days to appear on Your statement depending on Your card issuer.
3.3.8 All prices quoted are inclusive of any Value Added or other tax
3.4 No Excuses Guaranteed Changing your Mind
3.4.1 You can cancel Your order at any time prior to Delivery or Collection., If You want to add Goods to Your order or remove Goods and keep the same Delivery or Collection date, You need to Let Us Know before the order cut off time specified in Your order confirmation found on Your AFRICEXPRESS online account, a copy of Your AFRICEXPRESS order confirmation will also be emailed to You. However, if You forget or change Your mind later, simply tell Our driver when s/he Delivers Your order or Our Collection colleague when You Collect Your order, and s/he will initiate a refund and take away the goods You don't need.
3.4.2 You can change Your order anytime up to Delivery or Collection, but We won't necessarily be able to Deliver during Your originally selected Delivery slot or provide Your Collection during Your originally selected Collection slot. We may need to agree another day and time to complete Your order.
3.4.3 If you have ordered items which are not liable to deteriorate, or expire rapidly, and are not listed in clause 3.4.4 below You are able to change your mind and cancel your order for any reason within 30 days after Delivery or Collection for an exchange or full refund. You will not be able to change your mind and cancel an order for items which are listed in clause 3.4.4 below after Collection or Delivery unless these items are damaged or faulty or in any way does not meet Our usual high standards. Items which are liable to deteriorate or expire rapidly can be returned in accordance with clause 3.4.6 below.
3.4.4 Your right to return an item does not apply to certain goods unless these goods are faulty on Delivery or Collection or mis-described. These items are:
Newspapers and magazines;
CDs, DVDs, videos and computer software (which may be restricted to an exchange for the same title to reduce the risk of unlicensed copying);
items which cannot be resold for health and hygiene reasons once unwrapped (e.g. example body jewellery, mattresses, bedding, certain items of clothing, personal grooming products, medicines and certain baby products); flat pack furniture that has been partially or fully assembled;
and items which have been installed using Our installation service.
Orders which fail to meet our usual high standards
3.4.5 When Your items are delivered please check that the order is not damaged. In the event that Your order is visibly damaged or in any way does not meet Our usual high standards, do not accept the order and tell Our driver when s/he makes the Delivery or tell Our Collection colleague when You make the Collection.
3.4.6 If you have accepted the order and subsequently discover that an item is damaged or faulty or in any way does not meet Our usual high standards please Let Us know as soon as possible if you wish to cancel your Order and do not continue to use your item(s). Please retain the original packaging where possible. You are responsible for the goods from Delivery or Collection and You must store the goods in the manner appropriate to the type of goods (e.g. keep chilled items chilled, frozen item frozen etc.) as We may require them to be returned and they must be returned to Us in the same condition as they were Delivered to, or Collected by, You. The returns policy for damaged or faulty items is set out below:
Returns policy for items which are not liable to deteriorate, or expire rapidly - If You return an item(s) which is damaged or faulty, mis-described or parts are missing straightaway or within 30 days of delivery or collection you may request either a full refund, a price reduction, or replacement or repair of the item(s). If You discover the item(s) is damaged, faulty, mis-described or parts are missing after 30 days from delivery or collection, You may return the item(s) and request either a repair or replacement. If the repair or replacement provided by Us is not satisfactory, You can then request either a refund or price reduction. Please note that sometimes it will not be possible for Us to provide a replacement or repair for an item (e.g. because the product/parts no longer exist). In these circumstances AFRICEXPRESS will offer You a refund or price reduction.
Returns policy for items which are liable to deteriorate, or expire rapidly - If You are not happy with the quality of any item(s), We will happily offer you a replacement item(s) or refund the money paid for the item(s) if You let Us know before the expiry of the "use by" or "best before" date indicated on the item(s) or, where an item is loose and does not specify a "use by" or "best before" date, within 7 days after You received Your order. You must store the item(s) in the manner appropriate to the type of goods (e.g. keep chilled goods chilled) as We may require them to be returned and they must be returned to Us in the same condition they were Delivered to, or Collected by, You. Note that sometimes it will not be possible for Us to provide a replacement for an item (e.g. because the item no longer exists). In these circumstances We will offer you a refund for the item only.
3.4.7 We take great care to source Our fresh produce from sustainable and ethical sources, supporting growers when seasonality and availability permit. This involves produce being sourced when it is in season from countries around the world. Consequently You may receive the same product from a number of different countries throughout the year. You will be able to see the country of origin on the pack at the point of Delivery or Collection, or alternatively You can ring Your local store and ask for the country of origin of any item of produce. If the country of origin of Our produce does not meet Your expectations We will happily refund the money if you let Us know within 7 days after You received Your order. You must store the goods in the manner appropriate to the type of goods (e.g. keep chilled items chilled) as We may require them to be returned and they must be returned to Us in the same condition they were Delivered to, or Collected by, You.
3.4.8 Many of Our own brand products carry the AfricExpress promise and if You’re not 100% satisfied with them please contact Customer Services and We will arrange for a refund and also an e-voucher will be credited to Your Account (to the equivalent value) to allow You to choose a replacement product as part of your next online shop with Us. Our AfricExpress promise applies to any item featuring AfricExpress on the packaging. How refunds work
3.4.9 If You are entitled to return goods or cancel Your order under this clause 3.4 and We have already debited Your card, We will reimburse any sum received from You including the cost of the standard delivery charge if applicable, in respect of such goods by crediting the card You paid with. We shall not refund the difference between the standard delivery charge and any premium delivery charge you have selected when ordering the goods. Please note that We shall not be responsible for any return costs for goods returned unless they are faulty, or otherwise permitted by these terms. Refunds can take up to 20 days to appear in your bank or credit card account. This may depend on which bank you use and where it is located. We will make any refunds within 14 days of receiving the goods back or if we are collecting the goods from you, within 14 days of receiving your notification to us that You wish to return the goods.
3.4.10 If You have any problems with your purchase or want advice on whether your items are considered liable to deteriorate or expire rapidly, we can offer help and assistance. Please contact Customer Services by emailing us or call Phone Number between 9am and 7pm (GMT), 6 days a week (Monday to Saturday).
3.4.11 Your rights under UK or your national consumer legislation and any Manufacturer Guarantees are not affected.
3.5 Stock Shortages on Popular Goods
3.5.1 We do Our best to ensure that We have amazing availability, but We do occasionally run out of some goods. When You place Your order, We will ask if You would like Us to substitute an alternative similar product if Your chosen goods are not in stock at the time We dispatch Your order. If You do and when You receive Your order, You are not happy with the substitution, please Let Us Know as soon as You can so that We may handle this in accordance with clause 3.4. Please read all information on the product label carefully including any accepted substituted products. Our drivers are trained to take You through the substitutions on the doorstep so if You let Our driver know s/he will take the goods away at that time. Our Collection colleagues are also trained to take You through the substitutions upon Collection, so if You let Our Collection colleague know s/he will take the goods away at that time.
3.6 Delivering Your Goods
3.6.1 We always aim to Deliver Your goods within the Delivery slot We have agreed with You, but We cannot accept liability if We Deliver the goods outside of this slot or don't Deliver all or any of the goods in Your order. Instances where it may not be possible to deliver Your order may include (but not limited to):
where Our driver believes it is unsafe or impractical to approach the property
where Our driver believes it is unsafe to deliver due to an uncontrolled/dangerous dog
where Our driver cannot deliver to the property due to bad weather
3.6.2 Ownership of, and risk in, the goods will pass to You once We have Delivered Your order. Read all information on the product label carefully including any accepted substituted products. If the delivery address stated on Your order is not the address where You live We will not be liable for any damage or detriment to the goods caused by their onward delivery to You.
3.6.3 We can only Deliver to an address stored in Your address book in the Your Account section of Our Site. We can only make a Delivery to an address within Our delivery area.
3.6.4 Our commitment is to deliver Your order to Your front door and offer to take it into Your home. There may be circumstances where this may not be possible (including but not limited to):
where Our driver believes they are at risk of injury;
where Our driver believes any stairs to Your front door are structurally unsafe;
where Our driver believes it is unsafe to enter the property;
where Our driver has not received clear permission to enter the property.
In these circumstances Your driver may ask to meet you in another location, as close as possible to your front door. If You are unable to meet Your driver in another location then Your delivery may not be completed. You will not be charged if We are unable to successfully deliver Your Goods.
3.6.5. We are an ethical retailer and are committed to upholding both our legal and social obligations as a retailer of products. To achieve this position, we have a number of control checks throughout our purchase and delivery process, for example, we will only deliver to somebody who is, in our reasonable opinion, aged 18 or over.
It is your responsibility to ensure that the person accepting delivery is over 18 and can demonstrate this to us if challenged. If we are not satisfied that the person accepting delivery is over the age of 18, then we may not hand over your delivery. If there is no one at the Delivery address who is 18 years of age or over, we'll leave notification of Our visit and will return the goods to Our store. We'll then contact You to arrange re-Delivery at a convenient time. You may have to pay another Delivery charge for this.
We also follow a "Challenge 25" policy for the purchase of alcohol and other age restricted products such as tobacco, DVDs and aerosols. Accordingly, when delivering age restricted products, if the person accepting your delivery appears to be under the age of 25, we will request photo ID (such as a passport, EU Photocard driving licence, National ID cards or proof of age card e.g. Citizencard, Validate UK, Portman Group card or local authority card with a holographic PASS logo) to prove that they are over the age of 18 and can lawfully purchase such products.
3.7 Collecting Your Goods
3.7.1 We always aim for You to be able to Collect Your order within the Collection slot We have agreed with You, but We cannot accept liability if We provide the goods for Collection outside of this slot or do not provide all or any of the goods in Your Collection order.
3.7.2 Ownership of, and risk in, the goods will pass to You once You have Collected Your order.
3.7.3 We can only allow Collection of orders from the AFRICEXPRESS store address stated in Your order (and that address must be within our collection catchment area). Your address (as stated in Your address book in the Your Account section of Our Site) must also be within Our collection catchment area
3.7.4 For security reasons, Our Collection colleague will ask You a security question at the point of Collection of Your order.
3.8 What We are Not Liable For
3.8.1 Whilst We take every care to Deliver Your order or provide Your order for Collection (as applicable), We cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance You had in having the goods Delivered to You or having the goods available for Collection from Us, arising out of Our supply or failure to supply the goods to You.
3.8.2 Nothing in this Agreement shall in any way limit Our liability for death or personal injury resulting from Our breach of contract, tort or negligence nor limit any legal rights You have as a consumer.
3.8.3. The goods are sold to You on the basis that You are a consumer therefore We will not be liable for any special losses that You might suffer using, re-distributing or reselling the goods as part of a business.
3.8.4 With the exception of faulty goods or returns made in accordance with clause 3.4 of these terms, We shall not be liable for goods once they have been Delivered to the delivery address, or Collected from us, if You ask a third party to Deliver or Collect Our Delivery or Your Collection, We shall not be liable for anything that that third party might do to the goods.
3.9 Use of Cards
3.9.1 If You find Your card has been used without Your authority please tell Us within 24 hours of finding out. You must also tell Your card issuer within the time limits You agree in Your card scheme rules.
3.9.2 You must pay for Your order using a UK based credit or debit card.
3.10 Expiry Dates
3.10.1 The colleagues who put together Your order are carefully trained to select goods with a reasonable amount of time left on the expiry date (just as You would if You were in store shopping Yourself). However, please note that some fresh produce items naturally only have limited shelf life when they arrive in the store, therefore it is reasonable for them to have a shelf life of less than two days when they are Delivered or Collected.
3.10.2 A ‘typical life’ logo may be displayed next to some of Our fresh produce items to show You the typical shelf life You can expect of that product from the date of Delivery or Collection. While We try our best to give You an accurate estimate of a product’s typical shelf life, due to the nature of fresh produce, We cannot guarantee that a product will stay fresh for the typical shelf life displayed.
3.11 Single-Use Carrier Bags
3.11.1 If You choose to Collect We will fulfil Your order with carrier bags unless you tell us not to when you check out. A compulsory charge of 40p will be added to Your order to cover the charge of the bags used for Your groceries.
3.11.2 If You choose home Delivery You will receive Your shopping conveniently in crates. The driver will offer to take the crates into Your home or help You unpack Your order at the doorstep. The driver will then take the crates back when You have finished.
3.11.3 Please note that for food safety reasons We will still need to pack certain items into single-use carrier bags, such as fresh meat and fish. For these items, the single-use carrier bags will be free of charge.
If we attempt to deliver your order and you are not at the address you have stipulated on the agreed day and time we will charge you for any additional delivery that we need to make for that order.
These terms and conditions are subject to English law and the exclusive jurisdiction of the English courts.
Changes to these Terms
If we make any changes to these terms and conditions, we will let you know as soon as possible by posting the changes on AfricExpress Groceries.
4.1 Filter Definitions
The below list offers a definition of the different search filters on the Site.
No Milk; The No Milk filter excludes all milk and products with milk as an ingredient from cow, goat, buffalo, or sheep. The No Milk filter also excludes any products that may contain Milk. AfricExpress do not guarantee a product is free from any ingredient or contamination unless it is specifically manufactured in an approved facility and branded AfricExpress Free From. Always read the label.
No Egg; The No Egg filter excludes all eggs and products with egg as an ingredient, and any products that may contain egg. AfricExpress do not guarantee a product is free from any ingredient or contamination unless it is specifically manufactured in an approved facility and branded AfricExpress Free From. Always read the label.
No Nuts (includes peanuts and tree nuts); The No Nuts filter excludes all peanut and tree nut products and products that contain nuts or tree nuts as an ingredient. The No Nuts filter also excludes any products that may contain nuts. The filter will include results for chestnuts, pine nuts, coconut and nutmeg as these are botanically different from tree nuts. AfricExpress do not guarantee a product is free from any ingredient or contamination unless it is specifically manufactured in an approved facility and branded AfricExpress Free From. Always read the label.
No Peanuts; The No Peanuts filter excludes all peanut products, products that contain peanut as an ingredient, and products that may contain peanuts or may contain nuts. AfricExpress do not guarantee a product is free from any ingredient or contamination unless it is specifically manufactured in an approved facility and branded AfricExpress Free From. Always read the label.
No Soya; The No Soya filter excludes all soya, products with soya or soya lecithin as an ingredient, and products that may contain soya. AfricExpress do not guarantee a product is free from any ingredient or contamination unless it is specifically manufactured in an approved facility and branded AfricExpress Free From. Always read the label.
No Gluten; The No Gluten filter excludes all products that contain or may contain barley, rye, wheat, kamut, spelt, and oats. It also excludes products that may contain gluten. AfricExpress do not guarantee a product is free from any ingredient or contamination unless it is specifically manufactured in an approved facility and branded AfricExpress Free From. Always read the label.
No Fish; The No Fish filter excludes all oily and white fish, products with fish as an ingredient, and products that may contain fish, or ‘mixed seafood’. Always read the label.
No Shellfish; The No Shellfish filter excludes all crustaceans and molluscs, products with shellfish as an ingredient, and products that may contain shellfish, or ‘mixed seafood’. Always read the label.
No Celery (including celeriac); The No Celery filter excludes all celery and celeriac products and products that contain celery or celeriac as an ingredient. The No Celery filter also excludes any products that may contain celery or celeriac. Always read the label.
No Mustard; The No Mustard filter excludes all mustard products, products that contain mustard as an ingredient, and products that may contain mustard. Always read the label.
No Sesame; The No Sesame filter excludes all sesame products, products that contain sesame as an ingredient, and products that may contain sesame. Always read the label.
No Lupin; The No Lupin filter excludes all products that contain or may contain lupin. Always read the label.
No Lactose; The No Lactose filter will exclude all products that contain lactose, including ingredients that contain lactose. The No Lactose filter is not the same as the No Milk filter which is also available. AfricExpress do not guarantee a product is free from any ingredient or contamination unless it is specifically manufactured in an approved facility and branded AfricExpress Free From. Always read the label.
Vegetarian; The Vegetarian filter excludes items that contain animal products and animal by-products with the exception of milk and egg. Always read the label.
Vegan; The Vegan filter excludes all products that contain animal products and animal by-products including milk, eggs and honey where the product has been certified by the Vegan Society according to its product labelling. Always read the label.
Halal; The Halal filter includes all products that carry a Halal certification/claim according to its product labelling. Always read the label.
Kosher; The Kosher filter includes all products that carry a Kosher certification/claim according to its product labelling. Always read the label.
For any queries please contact our Customer Services team on the details below:
AfricExpress Customer Services
AfricExpress Store, The Bridge Shopping Centre