Terms and Conditions

Welcome to the Ady’s Agro Processing Limited terms of use. These terms of use apply to your use of our website adysagro.com. Please read all of these terms carefully. By continuing to use our website, you agree to be bound by them. If you do not accept these terms of use, you should not visit or use our website.

“You” and “Your” means the person ordering Goods from Ady’s Agro Processing Limited, who must be over 18 years of age. “Ady’s Agro Processing Limited” or “We” or “Us” or “Our” means Ady’s Agro Processing Limited whose registered office is at Shop F2, Royal Plaza, Ajiran, Agungi, Lekki, Lagos, Nigeria.

“Account” means Your details and shopping history which is created when You register to shop through the Our Products Site. “Collect” means You collecting or the person You have asked to collect on your behalf the goods that You order from the Ady’s Agro 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.

“Deliver” means Us (or a third party delivery agent nominated by 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.

“Let Us Know” means change or cancel Your order via Our Products Site or call Our Products Contact Centre. You may also write to Us at Head office, Shop F2, Royal Plaza, Ajiran, Agungi, Lagos, Nigeria.

“Site” or “Website” means Our Groceries Website at https://adysfoodmart.com and for the avoidance of doubt, excludes purchases of financial services goods, and from all other areas of adysfoodmart.com.

The Purpose of Our Terms of Use

Our terms of use, together with any documents referred to in them, set out the terms on which you may make use of adysfoodmart.com (our website).

Other Terms and Conditions

In certain circumstances, additional terms and conditions may apply. For example, when you purchase products from us or post something to our website. All of our terms and conditions are set out on the “Terms and Conditions” link at the bottom our website for you to access whenever you choose.

Your Personal Details

We think it is important that you know exactly what personal details we collect from you and how we look after and use them. This issue is very important to us, so we have set out full details in our privacy policy. You agree that any personal information you provide to us, whether through the site or otherwise, will be accurate and up to date. You will be asked to enter information such as your name, age, address and telephone number. You are responsible for ensuring that all of the information you provide to us is true and accurate.

To ensure that your credit, debit or charge card is not being used without your consent and to verify that you are over 18 years of age (see our “Age Restrictions” section below) we carry out certain identity, credit and fraud checks, including validating the name, age and address and other personal information that you give to us during our registration and “checkout” process. We will use certain third party databases to do so). We reserve the right to change our checks from time to time

If any problems arise from these checks, we will attempt to contact you (using the contact details you have provided) to discuss this and request additional proof of age, identity or other information to be sent to Customer Services via email (for example, photo ID such as a driving license or passport). We reserve the right to reject or cancel an order at our discretion at any time if we consider that our checks have not been satisfied in full.

Access to Our Website

You may access most areas of our website without registering your details with us, however to place an order you will need to register an account.

You are responsible for making all arrangements necessary for access to our website. We grant you access to our website on a temporary basis. We may change the arrangements for access to, deny access to, close or suspend part or the whole of our website or any of the services offered on our website, at any time, for any period of time, and for any reason without telling you beforehand and without liability.

We do not guarantee uninterrupted and/or reliable access to our website and make no guarantees as to its operation, functionality or otherwise.

Protection of the Content Analytics

Please keep your username, password and any other information relevant to your access to our website and/or the creation of an account, confidential. You must not give this information to anyone (except where you have registered on behalf of somebody else in which case you may disclose the information to them only). We are the owner or the licensee of all intellectual property rights and data in our website and in material published on it, including the “look and feel” of our website. These rights are protected by laws and treaties around the world.

Ady’s is trademarked. Except where permitted by applicable law, these terms of use, or otherwise set out on our website, you may not use such trademarks without our prior written permission.

Accuracy of the Content of Our Website

The information contained in our website has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Our Terms and Conditions of Sale explain your rights in relation to any price changes or errors on our website or any products which you have received that do not match the description on our website.

Where product information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We will notify you if this is the case and will not charge you for the product.

Any reviews or opinions on our website are for information purposes only and should not be construed as recommendations or advice.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information, which may or may not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Forming the contract

The technical steps required to create a contract between you and us for the delivery of products are as follows:

  • You must select the products you wish to order and a delivery date and timeslot, and then go to our “checkout”.
  • You will be guided through the “checkout” process by a series of instructions. If you want to correct any errors you have made, you can use our functionality to go back and remove individual products from your order or empty your trolley and start again.
  • You place an order on our website and our mobile app by clicking the “Purchase Order” button at the end of the “checkout” process.
  • We will send you an automated message which will be shown to you on our website and mobile app immediately after you have placed your order. This is not an acceptance of your order because we will have to carry out stock and identity checks first.
  • We will then send you a confirmation email to confirm that your order is being processed by us. Again, this is not acceptance of your order.
  • Finally, we will send you an email receipt for your order confirming the products for delivery, including any substitutes. At this point, we have accepted your order and a binding contract is formed between you and us.

The contract will be concluded in English.

The details of your contract will be held by us. If you require any information about orders you have placed with us, you can either log-in to your account here or contact Customer Services.

Amending your order once you have placed it

We will provide you with a cut-off time for amending your order before delivery. This time will be set out in the communications that we send to you.

You may amend or cancel your order at any time before this cut-off time. Please see our “Cancellation, Refunds and Returns” section for further information about cancelling your order after this cut-off time.

Any items added before this cut-off time will automatically form part of your order.

Delivery

We will confirm your booked delivery date and timeslot to you. If you have placed an order two or more days in advance of your selected delivery date then we will also try to send you an email a few hours before the cut-off time, alerting you to it 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 this reminder by text message to the mobile phone number you have given us when setting up your account.

We will do our best to deliver your order to you in accordance with your booked delivery date and timeslot. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to in order to reschedule your delivery timeslot and date.

We will deliver to the address specified by you when you register with us. If you need to change your delivery address, you can do so at any time through the “Account Settings” feature on our website or “Settings” tab of our mobile app. You must do so if you move home so that we can deliver to the correct address. We may restrict deliveries in certain areas or remove certain areas from our delivery schedule altogether but we will always make this clear to you during our “checkout” process. Any restrictions on deliveries of this type will not affect any existing orders.

It is your responsibility to ensure that someone is available at your delivery address at all times during your booked timeslot. We may require someone to sign for your order on delivery. That person must also satisfy all of our proof of age requirements (i.e. 18 years above).

We may request that the person taking delivery of your order provides us with identification to help us confirm they have your authorization to accept delivery of your order. This may include asking to see an item of your photographic identification (such as a passport or driving license) and/or the bank card which was used to make payment.

If nobody is at home when we attempt delivery, or the person at home is unable to satisfy our identification requirements or age requirements, we will try to contact you by telephone. If we cannot do so, we will leave notice of attempted delivery and will try to contact you to rearrange the delivery.

For reasons of security and food safety, we will not leave your order unattended at your address. We will not normally agree to leave your order with anyone at another address (for example, a neighbor). If we do agree to do so in exceptional cases, this is done at your own risk and we will not be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.

If your order is returned because we failed to deliver it to your delivery address within your booked timeslot, we will make contact with you and agree a revised delivery date and timeslot and deliver your order at no additional cost.

If your order is returned because of something within your control (for example, if there is nobody at your delivery address within your booked timeslot to receive the order, or if the person there cannot satisfy our proof of age requirements) we are entitled to charge you for the delivery charge for that returned delivery and the price of the perishable items contained in it. (For an explanation of what we mean by “perishable” – please see our “Cancellation, Refunds and Returns Policy” section).

If you provide us with an incorrect delivery address and your order is signed for by someone else we cannot be responsible for any losses you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.

Deliveries are limited to 1 delivery per day per account. If for any reason you or anyone will not be available to receive your order, kindly inform us 5-6 hours earlier.

Products are sold by us subject to availability and prevailing market conditions. We may limit the quantities of products (particularly those on special offer) delivered to any one customer if in our opinion the quantity ordered may jeopardize availability for other customers. If we do so, or if products you order are not available to us, we may offer a reasonable substitute. We will identify each substitute item to you on delivery and give you the opportunity to accept or reject each one at that time. If you reject a substitute we will not charge you for it and will return it at our own cost. If you accept a substitute this may affect the price you pay for your order. (See our “Prices” section).

You should check your order in full promptly on delivery. If your delivery is incomplete or includes products that you have not ordered, you must notify Customer Services promptly. We will not charge you for any products that you have not received or that you did not order except accepted substitutes.

Prices and Product Information

All of our product prices are inclusive of VAT.

The price of the products and our delivery charges will normally be as quoted on our website or whatsapp catalogue (whichever you are using) as at the time you use them. There are some exceptions to this position however, as set out below.

If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on our delivery booking page before you confirm your order. Our delivery charges are dependent upon a variety of factors including the value of your order, the date and time of your delivery and your delivery address, and may vary from time to time.

We stock a large number of products and it is always possible that, despite our best efforts, some of the products listed may be incorrectly priced. If a product’s correct price is less than our stated price, we will charge the lower amount. If a product’s correct price is higher than our stated price, we will notify you when we deliver that product to you and you can choose whether you want to accept or reject the relevant product. If you reject the product we will not charge you for it and will return it at our own cost. If you accept it, we will charge the correct price.

Payment

All payments will be taken within two days of delivery. Payment for all products must be by credit, debit or charge card, through pay stack or flutter wave.

Authority for payment will be requested from your card issuer when you place your order with us. This is done by “reserving” an amount of money against the card you have used for payment.

We reserve the right to terminate our contract with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. We will attempt to contact you if this is the case.

You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining full payment from you in the event a failed payment occurs. This may include an administration charge of up to N1,000. We reserve the right at any time after a failed payment has occurred to ask a debt collection agency to assist in collecting payment from you.

Returning Products Where I’ve Changed My Mind

You may choose to return any defective products to us as soon as reasonably practicable and, in any event, within 30 days of notifying us of the cancellation. In these circumstances, you must pay the costs of returning the cancelled products to us.

Returning Products Where They Are Defective

To return defective products to us, please contact Customer Services who may at our discretion arrange for one of our couriers to come and collect the products from you. If you return a defective product to us, any refund we make will include your cost of returning the defective goods to us (up to a reasonable amount).

You are under a legal obligation to take reasonable care of the products to be returned whilst they are in your possession. If you fail to do so, we may have a right of action against you for compensation or to reduce the amount of any refund to you. Where possible, we ask that you please return the products in their original packaging. Where this is not possible, please ensure that the products are packaged securely to help ensure that they reach us safely and in good condition.

General

Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).

Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.

You agree to indemnify, defend and hold harmless Ady’s Food Mart Enterprise, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above).

If you have a complaint, or would like to bring a matter to our attention, please contact our Customer Services team in the first instance.

Customer Services

If you have any questions or complaints, please contact our Customer Services team on 08082834865 between the hours of 8.00 am to 6.00 pm every day of the week.

Alternatively, please write to us at:

Customer Services Department
Ady’s Food Mart Enterprise
Shop F2, Royal Plaza
Ajiran, Agungi
Lekki, Lagos
Nigeria