Last Updated: 13/01/2018
. “We” or “Us” or “Our” means DGS Stores L imited whose registered office is at Davibaans Palaza Ajuwon Road, except for customers making payment with a Visa or Master Card credit card, in which case it means GBS.
“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 ASDA 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 Davibaans Plaza, Ajuwon Road Iju after Elliot.
“Site” or “Website” means Our Groceries Website at https ://davibaansonline store.com and for the avoidance of doubt, excludes purchases of financial services goods, and from all other areas of davibaansonlinestore.com.
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 DGS 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 However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.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 DGS. 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 DGS Websites
Sometimes to help You in Your shopping experience We may include links to other non DGS websites. As You would expect, DGS is not responsible for the content of those websites.
2.4 Governing Law
2.5 Changes to these Terms
3. 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 DGS. Any other terms, conditions or representations (other than those made fraudulently or implied by statute) are excluded.
3.2.3 The failure of DGS to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. DGS 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, a Delivery or a Collection charge as shown at checkout will also be payable by You.
3.3.4 There is a minimum order value, this is displayed on the Site.
3.3.5 For Your protection and security, and in order to verify the debit or credit card details provided, We will contact Your card issuer 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.
3.3.6 On the day of Delivery or Collection, 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. We take NO payments from Your account before Your order is Delivered or Collected.
3.3.7 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 or amend Your order at any time prior to Delivery or Collection. Due to how Our systems work, if You want to add goods to Your order and keep the same Delivery or Collection date, You need to Let Us Know before midnight on the day before Your order is due to be Delivered or Collected. If You want to remove goods from Your order or cancel it altogether, it is preferable if You Let Us Know before 5pm on the day before Your order is due to be Delivered or Collected. This helps Us keep Our costs down and Our prices low and releases Delivery and Collection slots for other customers. 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 DGS 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.
3.4.9 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 (+2348026995070 952 3003 between 8am and 8pm (GMT), 7 days a week.
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 or communal entrance. Where the only access to Your front door is by stairs, for example in an apartment block that does not have a lift, Our driver will call You and arrange to meet You in a communal area on the ground floor for You to collect Your goods. If You live in a block of flats and there is an accessible lift in working order, Our driver will take the goods to your front door. We always reserve the right to deliver only to the main entrance of the delivery address. If Our driver is able to deliver to your front door, they may offer to help unload the goods into Your home, however there may be instances where this may not be possible which may include (but not be limited to):
where Our driver believes it is unsafe or impractical to enter the property;
where Our driver has not received clear permission to enter the property;
and where Our driver is required to carry the goods a distance which s/he believes to be unreasonable.
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.
3.6.6 Due to licensing restrictions We can only Deliver alcohol during the licensing hours that are within Our Delivery times. These may vary by local store restrictions but are generally 8am – 7pm Monday to Saturday and 8am – 8pm Sunday.
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 Davibaans Superstore 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.
3.7.5 If there is no one to collect Your order at the Collection point who is 18 years of age or over, We will notify You and return the goods to Our store. We’ll then contact You to re-arrange Collection at a convenient time. You may have to pay another Collection charge for this. Customers who are lucky enough not to look 25 or over, will be asked by Our Collection colleague to provide proof of age to show that they are 18 or over. Orders can only be Collected by persons over 18 years of age to ensure that We comply with laws regarding the sale of age-restricted goods e.g. alcohol.
3.7.6 Due to licensing restrictions We can only provide alcohol for Collection during the licensing hours that are within Our Collection times. These will vary by store but are currently 8am – 7pm Monday to Saturday and 8am – 8pm Sunday.
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 at the collection address, stated in Your order and if You ask a third party to move, transport or deliver the goods to any other address following 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 accepted 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.