1. General

1.1. In these Terms and Conditions the following expressions shall have the following meanings : 

1. "Customer" shall mean you and all other persons who purchase the products under your Login.
2. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
3. "Login" shall mean a Customer's membership number and access to Fresh Choice Online under that Customer's registration.
4. "Product/Products" shall mean any and all the products for sale by Fresh Choice Online.
5. "Fresh Choice” shall mean Fresh Choice Pte Ltd who is the seller of the products by Fresh Choice Online.
6. "Fresh Choice Online " shall mean this Internet site or catalogues owned by Fresh Choice and the medium by which Products are offered for sale by Fresh Choice to the Customer.

1.2. All the Products sold by Fresh Choice through this site are sold subject to these Terms and Conditions. By submitting your order for processing by Fresh Choice Online, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing.

1.3. These terms and conditions shall prevail over any other document purporting to have a contractual effect including any Fresh Choice store policy.

1.4. The Customer shall agree to complete the registration process according to Fresh Choice’s requirements as stated on this site. The Customer shall provide Fresh Choice with complete and updated information which shall include (but shall not be limited to) the Customer's legal name, address, telephone and fax numbers (optional) and e-mail address. 

1.5. Registration to open only to residents in Fiji aged 18 and above. Fresh Choice has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever.

1.6. The Customer will be liable for every order made under his Login and agrees to indemnify Fresh Choice for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer's Login. The Customer shall be responsible for updating his registration information.

1.7. The Customer may place his order via our website at : http://www.freshchoice.com.fj/ The Customer will receive a confirmation of receipt of order via e-mail. For clarification, such confirmation of receipt of orders does not guarantee stock availability.

1.8. Additional delivery charge may apply for any other special arrangement such as special timing, location (beyond 5km radius of any town/city or outer islands of Fiji), etc. Fresh Choice shall make every effort to fulfil orders placed by Customers through the Fresh Choice Online, but Fresh Choice shall not be liable to any person if Fresh Choice shall decline to fulfil an order for whatever reason, or if Fresh Choice is unable to supply an order because of an unforeseen change to the Products (as the case may be), or because the Products may be unavailable, an error in the price, image or the product description and false information on delivery locations.

1.9. Access to Fresh Choice Online is gained through use of a personal membership number. The Customer shall ensure that his membership number is kept strictly confidential to prevent unauthorized use. Fresh Choice shall use its best endeavours to prevent any unauthorized entry to the Fresh Choice Online internet site. However, Fresh Choice shall not be liable for any damages or losses whatsoever if any third party gains unauthorized access to the Fresh Choice Online internet site. 

2. PRICE

2.1. All prices on Fresh Choice Online are in Fijian Dollars.

2.2. Fresh Choice shall make every effort to ensure that the prices, details and sizes of Products detailed by the Fresh Choice Online are correct but Fresh Choice reserves the right to vary the price and other details of the Products without notice.

2.3. The prices advertised by Fresh Choice Online are for home delivery shopping only. Prices for some Products may differ from those charged at Fresh Choice shops. The price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.

2.4. Not all Products sizes will correspond exactly to the description offered on-line. Fresh Choice reserves the right to provide the nearest size of Product at the nearest price.

2.5. Discrepancies between the on-line bill/order price and the final bill may be due to out-of-stock products, substitutions, special offers, daily price changes and weighed items. Fresh Choice reserves the right to adjust the final bill after the on-line bill/order price is presented or conveyed to the Customer and such adjustments shall be marked on the final bill presented to the Customer at the time of delivery.

2.6. In the event of different special offers or promotions being made available to the Customer simultaneously for the same Product, the Customer may elect one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product.

2.7. If the Customer requests a variation to the order which Fresh Choice accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery. 

2.8. Fresh Choice may from time to time set credit limits for individual Customers and Fresh Choice reserves the right to limit sales including the right to prohibit sales to re-sellers.

3. PAYMENT

3.1. Payment for Products ordered through Fresh Choice Online can be made by the VISA card, MasterCard, American Express Card.

3.2. Fresh Choice may change at any time the method by which payments for Fresh Choice Online orders may be effected and such changes may be notified to the Customer by e-mail, mail shots or by placing a notice to this effect on the Fresh Choice Online internet site.

4. DELIVERY

4.1. Fresh Choice shall use reasonable endeavours to deliver Products of acceptable quality to the delivery address specified by the Customer on the registration form. Fresh Choice shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of Fresh Choice.

4.2. Fresh Choice will effect delivery to mainland Fiji (Viti Levu and Vanua Levu) as well as outlying Islands. We will only process and accept orders within our delivery coverage. Our delivery days are from Monday to Friday (7am to 7pm).

 4.3. All Deliveries for Perishable and Frozen Items for Central Division will be done on Wednesday. Please contact our customer service team at onlinestore@freshchoice.com.fj if you wish to receive partial orders for your Non-Perishable Items earlier. 

4.4. All Deliveries for Perishable and Frozen Items for Western Division will be done on Thursday. Please contact our customer service team at onlinestore@freshchoice.com.fj if you wish to receive partial orders for your Non-Perishable Items earlier. 

4.5. Additional delivery charge may apply for any other special arrangement such as special timing, location (beyond 5km radius of any town/city or outer islands of Fiji)

4.6. No delivery services shall be available on Weekends & Public Holidays.

4.7. The Customer is to notify Fresh Choice immediately of a change to his delivery address and contact number.

4.8. Save where the Customer has specifically instructed Fresh Choice to leave his delivery outside the door provided payment has already been effected earlier (when such delivery shall be at customer's risk), all deliveries shall be signed off by the Customer on the delivery invoices.

4.9. If the delivery includes alcoholic drinks, tobacco products or any other items which may not be delivered to a minor, a person of 18 years of age or older with appropriate identification must be present to take delivery of the alcoholic drinks, tobacco products or other items. If in the case of such a delivery, no person of 18 years of age or older is present, delivery shall be attempted at another time and Fresh Choice reserves the right to charge the Customer an additional re-delivery fee of $10.00.

4.10. Fresh Choice reserves the right to withhold delivery of the Products to the Customer if it has any doubts whatsoever as to the Customer's credit worthiness or if the Customer does not effect payment upon delivery.

5. VARIATION / CANCELLATION OF ORDER 

5.1. The Customer may vary or cancel the order up to the point in time that Fresh Choice has commenced processing the order and the Customer will not incur any cost in doing so.

5.2. Subject to the Customer's consent, Fresh Choice may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable. 

5.3. If there is no prior consent from the customer for a substitution, no substitution shall be made.

6. PROPERTY RISK

6.1. All risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address but Fresh Choice shall retain title in the Products until such time as payment for the Products has been effected. 

7. RETURNS OF PRODUCTS / REFUNDS 

7.1. Product pictures provided on this site are provided to help recognise products. Due to packaging redesign and improvements these may not reflect exactly on the pack you receive. We take all reasonable care to ensure that all descriptions, details and prices of products appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order. 

7.2. Fresh Choice shall use its best efforts to ensure that orders are correctly fulfilled. Should there be any discrepancy, please notify us by e-mail at onlinestore@freshchoice.com.fj by next working day. Returns/Refunds can be arranged under the following circumstances: 

1. if any Product have been delivered in a damaged condition, or if the Product is out of date, or if a Product which was ordered and invoiced is not included in the delivery, or if the wrong Product is delivered, Fresh Choice shall either refund the Customer the value of that Product, or replace the Product.
2. if any Product which was not included in the Customer's order is delivered to the Customer, Fresh Choice shall collect the Product from the Customer.
3. if the Customer has been charged for a Product which has not been delivered, Fresh Choice shall refund the Customer the value of the Product as originally charged to the Customer.
4. If a Customer is charged more than the value of a Product, Fresh Choice shall refund to the Customer the difference.

7.3. All refunds will be made via the same mode of payment on which the original purchase was made within 5 working days.

7.4. All replacements of Products shall be effected in the shortest time possible.

8. WARRANTIES 

8.1. To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.

8.2. No agent or representative of Fresh Choice is authorized to make any warranties, representations or statements regarding the Products and Fresh Choice shall not in any way be bound by any such unauthorized warranties, representations or statements. 

9. LIABILITY 

9.1. The liability of Fresh Choice whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Fresh Choice’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.

9.2. Fresh Choice shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Fresh Choice be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.

9.3. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Fresh Choice assumes no obligation or liability for any advice or information given with the Products and Fresh Choice shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk. 

10. SPECIAL PRODUCTS

10.1. If the Customer's order includes any liquor product the Customer warrants that he/she is not under the age of 18 years and is legally entitled to purchase any liquor product and that he/she is not under the influence of alcohol at the time of placing the order.

10.2. The Customer shall ensure that no person or persons shall use his/her Login to purchase alcohol if that person or persons cannot satisfy Clauses 10.1.

11. INTELLECTUAL PROPERTY

11.1. All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Fresh Choice Online shall at all times remain the property of Fresh Choice.

11.2. Fresh Choice and other parties own the trade marks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and Customers and on-line visitors are prohibited from using the same without the written permission of Fresh Choice or such other parties. 

12. FORCE MAJEURE 

12.1. If the performance by Fresh Choice of its obligations under the Fresh Choice Online is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the government of Fiji or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Fresh Choice), Fresh Choice shall be excused from such performance to the extent of such prevention.

13. VARIATION OF TERMS AND CONDITIONS 

13.1. Fresh Choice reserves the right to amend these Terms and Conditions in its sole discretion. Fresh Choice may, but does not undertake, to notify the Customer of such changes. It is the Customer's responsibility to review the Terms and Conditions prior to submitting any order and Fresh Choice shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise. 

14. APPLICABLE LAW 

14.1. These Terms and Conditions shall be governed by the laws of Fiji and the Customer and Fresh Choice agree to submit to the jurisdiction of the Fiji courts.

15. CONFIDENTIALITY 

15.1. Fresh Choice does not sell, rent or lease its Customer lists to third party. 

15.2. Personal data held by Fresh Choice relating to its Customers or to visitors to this site will be kept confidential unless Fresh Choice has Customer's consent otherwise but Fresh Choice may provide this information to third parties including but not limited to Fresh Choice advertisers, associated companies or trusted contractors/agents or other network operators who perform certain tasks for Fresh Choice in connection with the provision of Fresh Choice’s services to its Customers and to visitors to this site. All such third parties are prohibited from using Customer's personal data except to provide the requisite services to Fresh Choice and they are required to maintain the confidentiality of such data.

15.3. Any questions, comments, suggestions or information other than personal data sent or posted to this site, or any part of this site by online Customers and visitors will be deemed voluntarily provided to Fresh Choice on a non-confidential and non-proprietary basis. Fresh Choice reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufactured and marketing of products and services and to meet Customer needs.

15.4. Fresh Choice will disclose Customer's personal data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:

1. Comply with legal process served on Fresh Choice or the site; 
2. Protect and defend the rights or property of Fresh Choice; and
3. Act under exigent circumstances to protect the personal safety of users of Fresh Choice, the Fresh Choice internet site or the public. 

16. SAFETY OF PERSONAL DATA  

16.1. All reasonable efforts are made by Fresh Choice to ensure that any personal data held by Fresh Choice and Fresh Choice Online is stored in a secure and safe place and no unauthorised access will be made by Fresh Choice to Customer's computer or browser.

17. LINKS 

17.1. The Fresh Choice Online internet site may contain links to other sites and pages. By activating a link, such as for example by clicking on the banner of an advertiser, the Customer leaves Fresh Choice’s site and Fresh Choice does not exercise control over any personal data or any other information the Customer gives to any other entity after leaving the site and access to such site or page is at the Customer’s own risk for which Fresh Choice disclaims all responsibility and liability.

18. CONTENT 

18.1. All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, Fresh Choice disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site. Fresh Choice takes no responsibility and assumes no liability for the content of the site or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint. (See also without limitation the words in capitals below)

19. SECURITY POLICY

19.1. Fresh Choice had established an information security policy for the prevention and detection of unauthorized access or misuse of information with the following methods:

1. Firewalls facility
2. Customers information and private transaction data are protected using 128-bit Secure Socket Layer (SSL) encryption. SSL encryption is an Internet security protocol used by Internet browsers to transmit sensitive information.
3. We test our systems periodically to ensure there are no possible breaches of our security and that our customers’ security and confidential policy information is not compromised in any way.
4. Should you encounter any virus outbreak, security breaches or received unsolicited mail, please call our Customer Service Hotline: (679) 666 4148

20. LIMITATION OF LIABILITY 

20.1. By accessing and using this Fresh Choice Online internet site, the Customer acknowledges and accepts that the use of the site is at the Customer’s own risk. Fresh Choice shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:  THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. FRESH CHOICE HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. FRESH CHOICE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE/CATALOGUE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE. 
Last updated: 31 July 2021