Please read this carefully. By using or submitting an order (and any subsequent orders) on this web site you are agreeing to the terms that appear below.
To register with and shop with maxhealth.com.eg you must be eighteen years of age or over.
These Terms & Conditions were most recently updated on 28th February 2018 and apply to sales to consumers. .
If you are a business then different Terms & Conditions will apply to you, please call our call centre on 01222913741 to change your registration.
If it appears to us that you are a business then we will change your registration to a business account and our Purchase (Business) Terms & Conditions will apply to your purchases from us. We will advise you by e-mail of any such change we make to your registration.
1.1 This website is operated by Pavilion for trade markets ("we", "us" or "our"). By using the Pavilion.com.eg website you are bound by these Terms & Conditions. All use and purchases made on this website are governed by these Terms & Conditions at any time although the Terms & Conditions governing any given use or purchase will be those in effect at the date of your order or specific use. If you use or order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each use or order to ensure that you understand the precise Terms & Conditions applicable to your site visit or purchase. To assist you in determining whether the Terms & Conditions have changed since your most recent order we will display the date when these Terms & Conditions were most recently updated.
1.2 We sell goods only to end-users.
1.3 We will confirm your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the e-mail address you have provided to us.
1.4 Please note that the order confirmation does not constitute our acceptance of your order. Subject to our cancellation rights in clause 11, acceptance of your order and completion of the contract will take place when we despatch the goods to you.
1.5 If you have placed an order for delivery two or more days in advance then we will endeavour also to send you an email a few hours before the final cut-off time for amending the order, alerting you to this cut-off time and reminding you of the scheduled delivery time of your order. The purpose of the reminder is to reduce the likelihood of delivery times being forgotten and/or orders being left incomplete, and is part of our order confirmation process. Unless you have requested not to be contacted by text message, we may also send the reminder by text message to the mobile phone number you have given us when setting up your account.
1.6 After confirmation of the order, any items added via the "One-Click Additions" system before the cut-off time will automatically form part of that order.
1.7 You must be 18 years old or over and must have completed the registration process in order to participate in our service.
2.1a If you subsequently amend your order to add items, the prices charged for new products which were not in your original order will be the prices quoted at the time you confirm your amended order. However, if you add more of the same items which were in your original order, then the prices charged for these items will be the prices quoted at the time you confirmed your original order. Where a substitute item is offered in place of an item ordered, the price charged for that substitute item (if accepted) will be the price applicable at the time the item is substituted. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
2.1b Where items are ordered and sold individually by weight (such as certain fresh meat, poultry, fish, cheese or fruit and vegetables, but excluding “goods from our Butcher ” (see below) the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price on the date that they are weighed by our supplier. Although we have an indicative price/kg guide and an indicative product weight guide on the website, this is merely to assist your planning and the price you will be charged is the price prevailing on the date of weighing for the actual weight you receive. In the event that there is a discrepancy between the price/kg on our website at time your order is made and the price/kg at the time the item is weighed by our supplier, the price you will be charged will be the price at the time the item is weighed by our supplier. As used in this paragraph, “goods from our Butcher” are goods that are individually packaged by us rather than by our suppliers, and either sold and priced individually by weight or sold and priced by item (as further identified on the website).
2.1c For goods from our Butcher (as further identified on the website), the price of these items (expressed per kilogram or other appropriate unit of measurement) will be the price as quoted on the website at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order to add items, the prices charged will be those applicable to the new item(s) at the time that the amended order is confirmed. Although we have an indicative weight guide on the website, this is merely to assist your planning and the price you will be charged is the price for the actual weight you receive. In the event that there is a change in the price/kg between the time you confirmed your order and the time the item is weighed and priced by us, the price you will be charged will be the price at the time you confirmed your order. For full details, please see Butcher Terms & Conditions , including terms relating to substituted items from our butcher..
2.2 The prices stated on the website will be inclusive of any VAT payable.
2.3 Each order you make may include a charge for delivery. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on the delivery confirmation page before you confirm your order. Any delivery charge added to your order will be dependent upon, amongst other things, the value of your order, the date and time of your delivery and your delivery address and charges may vary from week to week.
2.4 There is a minimum order requirement of 200 EGP (excluding delivery charges) for every order placed.
3 METHODS OF PAYMENT
3.1 Payment may be made Cash, (debit, credit cards coming soon). No other vouchers or "money off" coupons will be accepted towards payment of an order. Any refunds arising from an order paid for by vouchers shall be given in Pavilion vouchers. You cannot pay for your order by cheque.
3.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed. (Coming soon)
3.3 You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This may include an administration charge. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
4.1 Delivery days and times will be as specified on the delivery booking page on the website (including all Friday delivery times) and will be made to the address specified by you when you register on the website. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. It is our policy to identify any substitute items to you at the time of delivery and give you the opportunity to accept or reject the item at that time.
4.3 We will always try to supply you with the full quantity that you have ordered. If you are not satisfied with the quantity you have received we will arrange with you for non-perishable goods to be returned to us (please note that the goods must not be used and must be in good condition). In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. You will not be charged for any incorrect goods or goods which you have not received. In any event, subject to clause 7.1 below, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery.
4.5 Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, subject to clause 7.1 below, our liability to you will be limited to the price of goods not delivered and the cost of delivery.
4.6 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the price of perishable items contained in your order and the cost of delivery.
4.7 Pavilion will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct Pavilion to leave a delivery unattended at your address Pavilion expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
4.8 Deliveries are limited to one delivery per day per household.
5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly in writing, by phoning our call centre or by using the online refund service on the website of any dissatisfaction with your order. We will promptly and fully refund the price of any goods that do not meet with your reasonable satisfaction or arrange for the delivery of replacement goods, provided that you notify us within 14 days of delivery of the goods for the non food items. We will arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising.
6.1 The confirmation e-mail you receive from us confirming your order will set out the last time that, you may amend your order prior to delivery.
6.2 In respect of non-perishable items, you have the right to cancel the contract at any time until the expiry of the 14th working day after the date of delivery of the goods by notifying us by telephone or e-mail. We ask that items are returned in to us with their original packaging and with any tags intact. In the case of items which include a hygiene or security seal, we ask that you exercise reasonable care by not removing the seals while examining the goods, unless you are certain that you intend to keep the goods. In the event that any seals or tags are removed or tampered with, we shall not permit that item to be returned nor shall we refund the cost of this item to you.
6.3 In the case of perishable items you do not have the right to cancel the contract. Should you wish to cancel your order after the cut off period but prior to the time of delivery, we shall be entitled to charge you in full for an amount equal to the price of the perishable items contained in your order.
6.4 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with the price of such goods within 30 days from the date you returned the goods to us (provided payment has already been debited to your payment card). If you choose to return goods by post you will be responsible for the cost of postage.
7.1 Nothing in these Terms & Conditions will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of these terms restrict any of your statutory rights.
7.2 In addition to paragraph 4.4, we will not be deemed to be in breach of contract or of these Terms & Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
8 PRIVACY
8.1 Telephone calls made to and from our Customer Service team are recorded for quality and monitoring purposes.
8.2 In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records
8.3 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise. We will share your personal information with other businesses
8.4 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.
9.1 Any Customer complaints should be addressed to the Pavilion Customer Service Helpline you will find an e-mail link or address and telephone numbers listed on our website in the "Contact" section.
10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms & Conditions. If there is any conflict between the terms of a special offer and these Terms & Conditions, these Terms & Conditions shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will honour at the offer price any order placed by you before an offer ends, or is amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions.
11.1 We reserve the right to cancel your delivery at any time if we suspect fraud, have reason to believe you are in breach of these Terms and Conditions or any other terms and conditions relating to your order, or if there is an outstanding payment for any account registered at your address. For example, if you are in breach of our terms and conditions relating to Discount Offers and Vouchers, we may cancel your order. In the event that we cancel your order, you will receive email notification and will be invited to contact our call centre.
11.2 In addition to our right to cancel your order in accordance with clause 11.1 , we reserve the right to suspend your account. Your account will remain suspended until you contact our call centre and remedy any breaches which are capable of remedy, or provide any information reasonably requested by our call centre advisers to enable them to reactivate your account.
11.3 In the rare event that unforeseen operational or technical issues occur, we may need to cancel or rearrange delivery. If this happens we will endeavour to contact you to arrange an alternative delivery date.
12.1 If any of these Terms & Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
12.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use the material data and content only for your personal use in placing orders through pavilion.com.eg, and you may not otherwise copy, reproduce, transmit, publish, display, distribute, commercially exploit, use or create derivative works of any material data and content on the pavilion.com.eg website without Pavilion's prior written permission. Pavilion may impose a fee on any proposed use of the material data and content contained on its website, other than for placing orders through the pavilion.com.eg website.
12.3 These Terms & Conditions will be governed by Egyptian law and the parties submit to the exclusive jurisdiction of the Egyptian courts in relation to any dispute which may arise between them.
Pavilion.com.eg is the trade name of Pavilion for trade markets, placed in industrial zone, third settelment.
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