Updated as of January 7, 2021
We are merely a delivery vehicle and an interface between you and the merchant store(s) (referred to as “Merchant” hereinafter) from whom you wish to purchase the products and/or avail of the services of your choice. You use our Product which may be our Website or our Mobile App to purchase the products and services offered by a Merchant. We charge you a minimal amount and offer you the luxury and convenience to order products and/or services you wish to purchase from the Merchant of your choice from the comfort of your home or for that matter while you are on the go by using our Website or our Mobile App. Merchant is responsible for the quality, freshness, and usability of the products, which the Merchant supplies to you and Merchant is also responsible for the quality of services the Merchant renders to you AND you are responsible for payment of the products and/or services you purchase/utilize/avail of though us by the use of our Product which may be our Website or our Mobile App by paying us our fair share in offering you this convenience. We are NOT the Merchant and you agree and acknowledge that you will not hold us accountable as a Merchant. If you are not in agreement with this arrangement, do not use our Product to order or purchase the products and/or services from the Merchant.
Apart from what is outlined in these Terms, additional terms may apply to your use of certain tuscart’s Services. Such additional terms are incorporated by reference into these Terms. We will provide these additional terms to you or post them on the applicable Products or Services. If there is a conflict between these Terms and any additional terms that apply to a particular Product or Service, the additional terms will control. Marketing tactics and sales campaigns including but not limited to promotions, special offers, raffles, and contests on the Services may also have additional terms, rules exclusions, and eligibility requirements, such as restrictions related to geographic area or age. Such eligibility requirements and restrictions are only to ensure proper management of the sales campaigns and are not intended as a discriminatory measure.
The following Terms govern your use of the Product, documentation, and related materials under the service and delivery model which is centrally hosted by tuscart and utilized by the End-user on a registration/subscription basis and may include printed materials and online or electronic documentation and services not controlled by tuscart.
To access the Website or the Mobile App, tuscart may require that you register as a customer to access the Website or the Mobile App. Once you register, you may be required to log in to access and avail of our Services or you may use the Product(s) as a guest. You may even be requested to log in through one of the social media networks at your discretion if such a login is permitted through the Website or the Mobile App. The accuracy, security, and confidentiality of your password(s) and/or profile information is your responsibility and we may even recommend that you review your login information and change it regularly to maintain the security of your login information. You will be responsible for all use of your account including any transaction that takes place while using your account. You agree to use the Website and the Mobile App in full compliance with any restrictions that may apply to the transaction including age or geographical restrictions.
In some cases, to register for or log in to a Service, you may first be required or requested to provide additional profile information relevant to your access to or use of such additional Service. Some Services are available only to customers who live in certain geographic areas or have other restrictions as to their availability.
To use the Services, if we request registration, billing, or other information from you, you agree to provide us with accurate and complete information and to update the information when it changes.
All dollar amounts referred to in these Terms are and will be paid in the lawful currency of Canada and Canadian dollars. tuscart reserves the right to require a minimum order value (excluding fees, charges, and/or taxes) and tuscart may, at any time and in its sole discretion, waive, change or vary by location, any minimum or maximum order requirements. Additionally, tuscart may, in its sole discretion, charge service fees for delivery which, service fees will be displayed as a “delivery fee” on our Product. This delivery fee may vary by geographical location(s), selected store(s), or time or the order/delivery. However, these will be displayed on the ordering page and confirmed at checkout when submitting your order on tuscart’s basket on our Product. You are responsible for any fees, including legal costs and collection costs, that we may incur in collecting any unpaid balances from you.
Upon the completion of the checkout and then submit your order through our Product, you agree to pay tuscart, the full and total prices of the items you selected (or any substitutions you accepted), and all applicable charges and ancillary charges (e.g. extra charges for bags, deposits, delivery fees, special delivery fees, oversize fees, overweight fees, early delivery fees, fees due to change in the delivery address, etc. hereinafter referred to as “Ancillary Charges”), taxes, charges by credit card or other payment methods. You authorize us to process payment of the applicable purchase price via the payment mechanism you select from the available choices, and you represent and warrant that you are authorized to use the applicable payment mechanism. If your payment method is by credit card and is rejected by the card issuer or processor, your order will not be filled and we will have no obligation in respect of it. During the credit card authorization process when you submit your order, your card is validated and must have enough funds available for the transaction to be approved. Upon approval, the order will be prepared for dispatch and delivery to you. You may be required to provide certain additional information that is required to complete the processing of your order. Incomplete orders may not be accepted. tuscart reserves the right to change the permitted methods of payment at any time.
You may modify or cancel your order (including adding or removing products, changing quantities, or changing order delivery or pickup details) via our Website or Mobile App up until the cut-off period indicated on tuscart (the “Cut-off Period”). If an order is canceled after the Cut-off Period, tuscart reserves the right to charge a cancellation fee (which, if applicable, will be indicated before you finalize your cancellation). tuscart may, in its sole discretion, accept or reject any order placed via its Website or Mobile App. All offerings on tuscart are merely invitations to purchase and NOT offers to sell. Any online or email confirmation of receipt of an order after placement is an acknowledgment of receipt of the order but not an acceptance of the order nor is it a confirmation of a sale. All orders are subject to tuscart’s cancellation right as set out in these Terms. The order placed by you is accepted when we finally dispatch the order for delivery to you.
The amount authorized during the credit card authorization process will be the estimated amount of your order, including charges including but not limited to Ancillary Charges, taxes, charges by credit card, or other payment methods. While your order is being prepared, if an item you have ordered is not available, we will where reasonably possible, substitute another comparable item. This item may be at a different price than the one you ordered. At the time of delivery of your order or upon receiving your order, we will inform you as to which item(s) have been substituted, and you may accept or reject any items in the order, including any substitutions. We will then update your order, and within a reasonable time following receiving your order, we will contact you with a list of all items you have accepted and the amount which will be charged to your payment method. The amount charged to your payment method could differ from the estimated amount due to matters such as product unavailability, product substitutions, differences between estimated and actual weights for items priced by weight, actual numbers of shopping bags as compared to estimated numbers, Ancillary Charges, and other such matters. The resulting final amount will be charged to your payment method.
tuscart may, in its sole discretion, cancel your order placed by you after accepting the order. In such a case, we will contact you. We will have NO OBLIGATION to fulfill your order should we decide to cancel your order. In case of such a cancellation, we will not be liable to you in respect of the canceled order and therefore you will have no obligation to pay for it. Under some circumstances, we may need from you some additional information we may require you to verify certain information before accepting or fulfilling an order. In such a case we will contact you.
We reserve the right, in our sole discretion, to limit quantities of items purchased per person, per household or order, or otherwise from time to time. We will make reasonable efforts to contact you if such limits or prohibitions are applied to an order by you.
We always strive to be accurate concerning product images and descriptions, including ingredients and nutritional information, and product filters and segmentations on our Product but do not represent or warrant that these or other content are accurate, reliable, current, or complete. We reserve the right to correct any inaccuracies or typographical errors in the information available on tuscart and shall have no liability for any errors or omissions. Information may be changed or updated without notice and prices and availability of goods and services are also subject to change without notice.
Subject to applicable laws, (a) purchase of products on our Product is subject to availability and may not be available for purchase at the Merchant location of your choice. Items listed on tuscart may not be available or in-stock at all times or may not be available at the Merchant location of your choice. If the product(s) which you wish to purchase is not available, we will have no obligation to fulfill an order for those products and you will have no obligation to pay for them except where you have accepted a substitute; and (b) we reserve the right to change the products, prices, and descriptions advertised or displayed through our Product, at any time without notice or liability to you, and to correct, at any time, any pricing errors on our Product. While we update our Website and our Mobile App regularly, prices, selection, and availability, including the availability of promotional offers, may vary and are subject to change without notice. You will not hold us responsible for any loss or damages to you or anyone else, arising from such updates or changes.
In cases where the product is to be customized, or select variable weight or quantity of items (such as certain produce or meats or poultry or in some cases, ready to eat food items or other items priced by weight), the price you see on our Product will be a merely estimated price range based on the expected weight of the items. The final price of these items will be based on the same price by weight indicated on the Website or Mobile App when you placed the items in your cart. The final price, however, is determined once we have prepared and weighed your order and will appear on the invoice at the time of the delivery. For such products, the price you pay is always based on the actual final weight of the products you ordered. If you are not satisfied with the final price and weight or quantity, you have the right to remove the product from your order.
tuscart may, in its sole discretion, impose a charge for each bag (either plastic or paper depending on the Merchant location of your choice) utilized for packing your order. The charges for a bag(s) may vary by the Merchant location of your choice but will be displayed at the checkout when submitting your order on our Product. When you place your order, we can merely estimate the number of grocery bags required for delivery of your order and may modify them to reflect the actual number of bags at the time of delivery of your order to you. There may be a plastic bag recycling program in your delivery location. We will charge Five cents (¢5) for each plastic bag used to pack your order. As part of our plastic bag recycling program, we also refund you Five cents (¢5) per bag for each plastic bag that you return to our delivery person for us to recycle. We reserve the right, in our discretion, to suspend, cancel or make changes to this program without prior notice, which includes the right to impose reasonable limits, to withdraw this program from any person who we determine is abusing the program, and/or to refuse to accept returned bags if, in our discretion, the condition of the bags may pose a health and safety concern.
The amount of the deposit fee may vary by location according to the laws applicable in your jurisdiction, however, the applicable deposit fees will be displayed at the checkout when submitting your order on our Website or Mobile App. For returns and refunds of products before consumption, if you return the purchased item in the same condition to our delivery personnel you will be either refunded or given a credit on your next order.
The version of these Terms applicable to an order or other transaction by you via our Website or Mobile App is the version in effect on the date and at the time you place your order. Our Terms are modified and made available on our Website and our Mobile App from time to time. Each time you place an order, you represent and warrant that you can legally enter into a contract (e.g. you are not a minor), you have accessed, you have read and accepted the then-applicable Terms governing that order.
Subject to any limitations set out in these Terms or as we may reasonably impose from time to time, you can request product refunds from tuscart by contacting us here (Add Hyperlink to “here”) or by email at firstname.lastname@example.org or telephone at (Enter your toll-free number here) between xx: xx a.m. to xx: xx p.m. EST. (Enter your working hours) on regular business days OR all days OR 24/7/365
tuscart delivery services are only available for customers who are located in certain geographic areas and is available only from the selected stores as indicated on our Website and Mobile App. tuscart may modify the service availability from time to time in its sole discretion and any modifications will be represented on our Website and Mobile App.
Delivery days and times will be specified on the ordering page. Subject to availability, you will select the delivery time slot of your choice and it will be available to you until the Cut-Off Period. If you do not complete your order by the Cut-Off Period, you will be required to select a new time slot before checkout. The standard delivery fee applicable to each time slot will be displayed on the booking page and confirmed at the time of checkout. The “delivery fee” is a service fee charged for preparing and delivering your order. Such a service fee will be displayed as the “delivery fee” on our Website and Mobile App.
Deliveries will be made to the postal address specified by you when you register for our Product. You can change this address through the ” Your Account” feature on our Website and Mobile App. You must change your address if you move so that we can deliver to the correct address. tuscart reserves the right to restrict deliveries in certain areas and at certain times, and this includes the right to eliminate certain areas and times from tuscart’s delivery schedule or eliminate available Merchant stores in the Merchant Selection Menu. tuscart reserves the right, in its sole discretion, to place reasonable limits on the number of orders scheduled per day per account or person or household.
tuscart will take reasonable care to deliver or have your order ready for pick up within the time slots provided on our Website and Mobile App. Accordingly, it is your responsibility to ensure that a capable person is available to receive the order at the delivery address at all times during the delivery time slot confirmed at the time of checkout. If no one is at the address when the delivery is attempted, or the person available is not a capable person to receive the order, the products ordered will not be delivered and will be retained by us. tuscart will leave notification of attempted delivery and will contact you to attempt to rearrange the delivery, failing which tuscart will cancel the delivery and your order.
tuscart will ordinarily only make a delivery when a capable person can receive and sign on account of the delivery so received. If you want us to make unattended delivery and we, in our discretion, agree to do so, we expressly disclaim all liability that may arise by the delivery having been made on an unattended basis, including but not limited to damage, theft, tampering, contamination and temperature change in respect of temperature-sensitive items.
CAUTION: Inclement weather or adverse road conditions and/or other events outside of our reasonable control may result in late or canceled orders. In such a case we will contact you at our earliest convenience to reschedule your order time and date. If we are unable to contact you your delivery will be canceled.
Add all your Sales Tactics here. Will you have coupons, vouchers, gift certificates with larger value than purchase value, raffles, etc? You do NOT need to mention these different activities OR actual promotions here but ONLY the strategy or tactics in broad terms. Example below:
tuscart may make available a 1 week, 1 month, and 1-year delivery pass on a subscription basis. The fee for this will change from time to time. This may or may not offer you discounted prices on some products or services for a limited time. Particulars and the terms and conditions applicable to our delivery passes are available on the tuscart site at the following link: http://www. Put the link here if any. We reserve the right, in our discretion, to suspend, cancel or make changes to this program without prior notice, which includes the right to withdraw this program from any customer who we determine is abusing the program. The delivery pass subscription is not available for tuscart curbside pickup services.
We may make various promotional offers from time to time on tuscart. Promotional offers may be different depending upon the location and service, accurate pricing and promotions will be displayed on our Website and Mobile App before checkout when you are signed-in and upon selection of a time slot and location.
If you redeem any coupon, code, or voucher which is accepted via our Website and Mobile App, this will be reflected at checkout and is subject to validation and any redemption requirements. Manufacturers’ coupons and warranties, if accepted, are the responsibility of the individual manufacturers. Manufacturers’ coupons may have relevant information about the duration and limitations of the coupon.
For any of our promotions, if we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate the promotion altogether.
All title and intellectual property including copyright and trademarks for the contents shown on our Products our Website and our Mobile App remains with tuscart at all times and you are only allowed to use our Website and/or Mobile App for personal and non-commercial use only, unless any other use by you is specifically permitted by tuscart, in writing. Your use of our Products is not a sale. Our Product, our Website and Mobile App and all of its materials, including but not limited to, site layout, App layout, look and feel, the software or code, scripts, text, artwork, photographs, images, designs, video, audio, and/or any written and other materials that appear as part of our Products are owned by tuscart and governed by the laws of Ontario and Canada. Your use is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, alter, create or re-create derivative works from, sell, sub-license, allow 3rd parties to copy, or otherwise exploit any of our Products.
Any unauthorized copying, sale, distribution, or transmission of our Product(s) or Service(s), or failure to comply with the provisions of these Terms, will result in automatic termination of these Terms and will make available to tuscart and its affiliates, all other legal remedies including injunctions, delivery-up, accounting, and damages.
Materials and features may be added to or withdrawn from our Product(s) and/or otherwise may be changed without notice to you.
TUSCART REPRESENTS AND WARRANTS THAT IT HAS THE RIGHT AND AUTHORITY TO MAKE THE PRODUCT AVAILABLE UNDER THESE TERMS.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND TUSCART MAKES NO REPRESENTATIONS AND WARRANTIES EXPRESS OR OTHERWISE UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION THAT THE PRODUCTS AND/OR SERVICES ARE OR WILL BE COMPLETE, FRESH, READY FOR USE OR FREE FROM ERRORS OR WITHIN THE EXPIRY DATE.
a) THE USE OR THE INABILITY TO USE THE PRODUCT;
b) UNAUTHORIZED ACCESS BY THIRD PARTIES TO DATA OR PRIVATE INFORMATION OF ANY END-USER; OR;
c) ANY MATTERS RELATING TO THE PRODUCT HOWEVER ARISING, INCLUDING NEGLIGENCE.
You may terminate this agreement by deregistering yourself and not using our Products. You may cancel your account at any time. tuscart may terminate this agreement at any time. tuscart’s only obligation in this event shall be the pro-rata refund of any charges paid in advance. tuscart may suspend or discontinue providing access to the Product to the End-user and/or User without notice and pursue any other remedy legally available to it if the End-User fails to comply with any of its obligations hereunder.
Under no circumstances shall tuscart be held liable for any delay or failure or disruption of the content or services delivered through the Product resulting directly or indirectly from acts of nature, forces or causes beyond tuscart’s reasonable control, government measures including a lockdown due to COVID-19 or any mutated variant thereof or any other pandemic, OR any other incidents including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power outages, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
All legal notices or demands to or upon tuscart shall be made in writing and sent to tuscart directly, by courier or certified mail, to the following entity and address:
12368374 Canada Inc.
110-18 Spring Garden Ave.
The notices shall be effective when they are received by tuscart in any of the above-mentioned manners.
These tuscart Terms are governed and interpreted under the laws of the Province of Ontario and the federal laws of Canada, as applicable (without applying conflict of law principles). If any provision of these tuscart Terms is unlawful, void, or unenforceable, this will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and us regarding the use of our Website and our Mobile App, superseding any prior agreements between you and us relating to your use of our Website and our Mobile App.
You hereby covenant and agree that any breach or violation of the provisions of these Terms may not be susceptible to adequate relief by way of monetary damages only, and tuscart, in addition to any other remedies enjoyed by it under the Terms hereof or at law, shall be entitled to obtain injunctive relief against you in any court of competent jurisdiction.
This document is to be used with the understanding that it will be held in strict confidence and not used for reasons unrelated directly to the specific purpose of this document.
This Agreement is the entire agreement between tuscart and you concerning the Product or Service and supersedes any other communications or advertising for the Product. If any covenant or provision, or portion thereof, of these Terms, is determined to be void or unenforceable in any jurisdiction such void or unenforceable covenant or provision, or portion thereof, is hereby conceded to be severable from the balance of Terms in that jurisdiction only; such a determination shall not, in any event, affect or impair the validity of the balance of the covenant or provision, nor shall it affect or impair the validity of any other covenant or provision herein contained.
If you have any questions, please contact in writing:
12368374 Canada Inc.
(doing business as “tuscart”)
110-18 Spring Garden Ave.
These Terms and everything contained herein shall extend to, enure to the benefit and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, assigns, and legal representatives.