In plain language
- AfricanDiscountFoods is a marketplace. Independent sellers list, prepare, pack and ship the food. Your purchase contract is with the seller named on each shipment; we provide the platform, the checkout and buyer protection.
- You must be 18 or older (or the age of majority where you live, if higher) to buy, sell or post.
- Food is perishable. Check allergens and import rules yourself, report problems within 48 hours of delivery, and read the Refund Policy.
- Be honest and lawful. Real reviews, real recipes, no prohibited goods, no moving payments off-platform.
- AI helps run the site (search, listing copy, compliance screening). It can be wrong, and a person makes every final decision that affects your account.
- Liability is limited as far as your local law allows, and disputes follow the process in section 21. Consumer rights that cannot be waived are not affected.
Contents
- Who we are and what these Terms cover
- Definitions
- Eligibility and accounts
- Our role as a marketplace
- Buying: orders, prices, payment and delivery
- Selling on the marketplace
- Food safety, allergens and health
- International orders, customs and restricted imports
- Your content and the licence you give us
- Acceptable use
- AI-assisted features
- Languages, translations and currencies
- Intellectual property
- Third-party services and links
- Email and SMS communications
- Privacy
- Enforcement, suspension and termination
- Disclaimer of warranties
- Limitation of liability
- Indemnity
- Disputes, governing law and arbitration
- Country- and region-specific terms
- Changes to these Terms
- General provisions
- Legal notice and contact
1. Who we are and what these Terms cover
These Terms of Use (“Terms”) are a legally binding agreement between you and [Operator legal entity name], the operator of the AfricanDiscountFoods marketplace (“AfricanDiscountFoods”, “the marketplace”, “we”, “us”, “our”), available at africandiscountfoods.com, its sub-domains, the installable web app and any related application programming interfaces, email and SMS services (together, the “Service”).
By visiting the Service, creating an account, placing an order, opening a store or posting content, you accept these Terms and the policies they incorporate. If you do not agree, you must not use the Service. If you use the Service on behalf of a business, you confirm you have authority to bind that business, and “you” includes it.
The following policies form part of these Terms and apply in this order of precedence if they conflict:
- The Seller Agreement (for sellers only);
- These Terms of Use;
- The Refund, Return & Cancellation Policy and Delivery & returns page;
- The Acceptable Use & Community Guidelines;
- The Privacy Policy, Cookie Policy, Disclaimer, Report Content & Legal Notices and Accessibility Statement.
Nothing in these Terms removes rights that the consumer-protection, food-safety or data-protection laws of your country give you and that cannot be excluded by agreement. Where a clause would do so, it applies only to the extent permitted.
2. Definitions
- Buyer
- Anyone who browses, adds items to a basket or places an order, whether signed in or as a guest.
- Seller
- An independent grocer, farmer, home chef, restaurant, caterer, co-operative or other food business that has opened a store on the Service and accepted the Seller Agreement.
- Store
- A seller's storefront, listings, restaurant menu, photos, tagline and related content.
- Order
- A basket you have paid for. One order may contain several Shipments, one per seller, each fulfilled and tracked separately.
- Content
- Anything you submit or post: reviews, ratings, recipes, stories, store information, listing text, photos, names and messages.
- AI features
- Automated tools on the Service, including semantic search, meal-idea suggestions, listing and tagline generation, pricing suggestions, recommendations and compliance screening, whether provided by our own heuristics or by third-party language models.
- Consumer
- An individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
3. Eligibility and accounts
3.1 Age and capacity
You must be at least 18 years old, or the age of majority in your place of residence if that is higher, and legally able to enter into a binding contract. The Service is not directed at children, and we do not knowingly collect personal data from anyone under 18. If we learn that an account belongs to a minor we will close it and delete the associated data.
3.2 Your account
- Provide accurate, current information and keep it updated. One person may hold one buyer account; a seller may operate more than one store only with our written approval.
- You are responsible for everything done through your account and for keeping your password confidential. Tell us at once at privacy@africandiscountfoods.com if you suspect unauthorised access.
- Sign-in sessions expire automatically after 30 days and can be ended at any time from your account page. We may require email verification before certain features (such as order updates or payouts) are available.
- We may refuse, suspend or close an account under section 17.
- You may close your account at any time from your account page or by emailing privacy@africandiscountfoods.com. Closing an account does not cancel orders already placed or obligations already incurred.
3.3 Guest checkout
You may order without an account by supplying an email address, phone number and delivery details. These Terms apply to guest orders in full, and the email address you give is used to identify the order for tracking, support and refunds.
3.4 Sanctions and export controls
You may not use the Service if you are located in, or a resident or national of, a country or region subject to comprehensive sanctions, or if you are on any government list of prohibited or restricted parties. Payments are processed by Stripe, whose own sanctions screening also applies.
4. Our role as a marketplace
AfricanDiscountFoods is an online intermediary. We provide the technology that lets independent sellers present their goods and lets buyers find, pay for and track them. Unless a listing expressly identifies [Operator legal entity name] as the seller:
- we are not the seller, producer, manufacturer, importer, distributor or food business operator for any product, prepared meal or restaurant dish;
- the contract of sale for each shipment is between you and the seller named on it; the seller is responsible for the description, quality, safety, labelling, packaging, legality, weight, origin, halal/kosher or other religious-compliance claims, and delivery of the goods;
- we do not take possession of, inspect, taste, test or certify goods, and we cannot guarantee their quality, safety, authenticity or fitness for a particular purpose;
- we do not guarantee that any seller holds the licences, registrations, hygiene ratings or insurance required in their jurisdiction, though the Seller Agreement obliges them to;
- the “✓ verified” badge means only that a store passed our automated and, where flagged, human compliance screening of its content; it is not an endorsement, inspection result, hygiene rating or guarantee of any product.
We do, however, run the checkout, hold sellers to the Seller Agreement, provide buyer protection under the Refund Policy and step in when a seller fails to resolve a problem. In the European Union we operate as an “online platform allowing consumers to conclude distance contracts with traders” under the Digital Services Act; section 22 sets out what that means.
5. Buying: orders, prices, payment and delivery
5.1 Placing an order
When you click “Place order”, you make an offer to buy the items in your basket from the seller of each shipment on these Terms. Your basket is automatically split into one shipment per seller. We send an order confirmation by email (and, if you gave a mobile number, by SMS) once payment is authorised; a binding contract for each shipment is formed when that confirmation is sent. A seller may still cancel a shipment before dispatch if an item is out of stock, was mis-priced, cannot lawfully be shipped to your address, or if fraud is suspected, in which case you receive a full refund for that shipment.
5.2 Prices, currency and errors
- Sellers set their own prices. All prices are in US dollars (USD); other currencies shown on the site are indicative conversions only. Your card issuer or bank converts the USD charge at its own rate and may add fees.
- Prices shown may not include taxes, duties or delivery, which are added or stated at checkout or on delivery (see 5.3 and section 8).
- If an obvious pricing or description error affects an item you ordered, the seller or we may cancel that item and refund you. We are not obliged to honour a price that a reasonable person would recognise as a mistake.
- Promotions, “deals”, comparison (“was”) prices and delivery thresholds may change or end at any time without notice for orders not yet placed.
5.3 Taxes and duties
Sellers are responsible for charging and remitting any sales tax, VAT, GST or similar tax that applies to their sales, except where the law makes AfricanDiscountFoods a deemed supplier or marketplace facilitator, in which case we may collect it and show it separately. Import duties, customs fees, brokerage charges and destination taxes on international shipments are the buyer's responsibility unless the listing says otherwise.
5.4 Payment
- Card and wallet payments are processed by Stripe on Stripe's hosted, PCI-DSS-compliant pages. We never see or store your full card number. Stripe's own terms and privacy policy apply to the payment page.
- By paying you confirm you are authorised to use the payment method. We may cancel or hold orders that fail fraud screening, and we may share order details with Stripe and card networks to resolve disputes.
- Chargebacks: please contact us before disputing a charge with your bank. A chargeback filed while a refund is already in progress may delay resolution, and we may suspend accounts that file chargebacks in bad faith.
- If the environment you are using displays a notice that payments are simulated or in “demo” mode, no money changes hands, no goods will be shipped and no contract of sale is formed.
5.5 Delivery, pickup and risk
- Delivery estimates and fees are shown per shipment before you pay. Standard delivery is $4.99 per shipment and free when a single seller's subtotal is $50 or more; pickup is free. Estimates are estimates, not guaranteed dates, and customs or carrier delays are outside anyone's control.
- You must give a complete, accurate delivery address and a reachable phone number. Re-delivery, redirection or loss caused by wrong details is at your cost.
- Perishable and chilled items are packed for a normal transit window. Choose express or pickup if nobody will be home, and refrigerate on arrival. If you are a consumer, risk in the goods passes to you on delivery; for pickup, on collection.
- Pickup orders not collected within the seller's stated window may be disposed of if perishable, and the Refund Policy explains what is refundable.
5.6 Problems, cancellations and refunds
Your rights to cancel, return items and claim a refund, and the time limits that apply, are set out in the Refund, Return & Cancellation Policy, which forms part of these Terms. In summary: report damaged, spoiled, missing or wrong items within 48 hours of delivery with a photo; unopened shelf-stable items may be returned within 14 days; change-of-mind returns of perishable or opened food are not accepted, consistent with the perishable-goods exemptions in consumer law.
6. Selling on the marketplace
Opening a store requires a verified account and acceptance of the Seller Agreement, which sets out eligibility, identity verification (KYC) through Stripe Connect, food-safety and licensing obligations, listing standards, prohibited items, the 10% marketplace commission, payouts, refunds and chargebacks, shipping duties, and the consequences of non-compliance. Sellers are independent businesses, not our employees, agents, franchisees or partners, and have no authority to bind us.
7. Food safety, allergens and health
Please read if you have an allergy, intolerance, or dietary or religious requirement
Allergen, ingredient, nutritional, halal, kosher, vegan, organic and similar information is supplied by the seller, may be incomplete, and may not follow the labelling rules of your country. Home-prepared and small-batch foods are often made in kitchens that also handle peanuts, tree nuts, gluten, dairy, eggs, fish, shellfish, soy, sesame, mustard, celery, lupin and sulphites. If a reaction could harm you, ask the seller before ordering and do not rely on the listing alone.
- Follow storage and preparation instructions and use common sense about temperature, appearance and smell. Do not consume food that appears spoiled, and report it under the Refund Policy.
- Traditional remedies, herbs, teas, bitters and “wellness” products are sold as foods only. Nothing on the Service is medical, nutritional or health advice; consult a qualified professional before using any product for a health purpose, during pregnancy, or for infants.
- Prepared meals and restaurant dishes are intended for consumption within the timeframe the seller states. Reheating and hygiene after delivery are your responsibility.
- Nothing in this section limits a seller's legal responsibility for the safety of the food they sell, or any right you have against a seller or producer under product-liability law.
8. International orders, customs and restricted imports
- Many countries restrict or prohibit the import of meat, poultry, fish, dairy, eggs, honey, fresh fruit and vegetables, seeds, live plants, bushmeat, unpasteurised products and certain animal or plant species (including under CITES). It is your responsibility to check that every item in an international shipment may lawfully be imported into your country for personal use before you order.
- Items seized or destroyed by customs because they are prohibited in the destination country are not refundable. Items rejected despite an accurate declaration are handled as described in the Refund Policy.
- You are the importer of record for shipments to your address and are responsible for any declarations, duties, taxes and inspections at the destination.
- We may block orders to destinations where fulfilment would be unlawful or impracticable.
9. Your content and the licence you give us
9.1 Responsibility
You are solely responsible for Content you post. You confirm that you own it or have permission to use it, that it is accurate and your own genuine experience where it describes a purchase, and that it does not infringe anyone's rights or break any law or the Acceptable Use & Community Guidelines.
9.2 Licence to us
You keep ownership of your Content. By posting it you grant [Operator legal entity name] a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt (including translating into the languages we support and resizing photos), publish, display, distribute and use that Content to operate, promote and improve the Service, in any media now known or later developed. The licence lasts as long as the Content is on the Service and, for copies already made (for example in order records, emails, caches and backups, or where it has been shared by others), for a reasonable period afterwards. To the extent permitted by law you waive, and agree not to assert, moral rights in Content against us and our sub-licensees.
9.3 Reviews
Reviews must reflect a genuine experience. A “verified purchase” label means the reviewer's account email matches a paid order containing the product; it does not mean we have checked the review's accuracy. Sellers may not review their own products, pay for reviews, or offer refunds or gifts in exchange for reviews. We may remove reviews under section 17 and display aggregate ratings that we compute.
9.4 Feedback
Suggestions and ideas you send us about the Service may be used freely without obligation or compensation.
10. Acceptable use
You agree not to, and not to help anyone else to:
- list, advertise, buy or sell anything that is not lawful food, drink (non-alcoholic), ingredients, groceries, prepared meals or kitchen staples, or anything on the prohibited list in the Seller Agreement;
- use the Service for any unlawful purpose, including money laundering, sanctions evasion, fraud, tax evasion, or the sale of counterfeit, stolen, recalled or unsafe goods;
- arrange payment, delivery or communication outside the Service to avoid fees, taxes, records or buyer protection;
- post false, misleading, defamatory, obscene, hateful, harassing or discriminatory content, or content that violates another person's privacy or intellectual property;
- impersonate anyone, misrepresent your affiliation, or create accounts by automated means or for another person without authority;
- scrape, crawl, mirror, data-mine or bulk-download the Service or its data (including listings, prices, photos, reviews and recipes) other than through public search-engine indexing that respects robots directives;
- probe, scan, test or circumvent security, rate limits, authentication or access controls; introduce malware; or interfere with the Service, its infrastructure or other users;
- use the Service or its AI features to generate content that is illegal, harmful or designed to deceive, or to extract the underlying prompts, models or datasets;
- use the Service to train, fine-tune or benchmark machine-learning models without our written consent;
- send unsolicited commercial messages to other users, or collect their personal data.
The Acceptable Use & Community Guidelines contain the full rules and how we enforce them.
11. AI-assisted features
- What is automated. Semantic search, search suggestions, “meal idea” baskets, product recommendations, generated store taglines and listing descriptions, pricing suggestions for sellers and the initial compliance screening of stores are produced by automated systems. When a third-party model is used, it is currently Anthropic's Claude, accessed through Anthropic's API under terms that prohibit Anthropic from training on the data.
- They can be wrong. AI output can be inaccurate, incomplete, culturally imprecise or out of date. Generated listing text is a draft that the seller must review and is responsible for. AI search and recommendations are not advice and do not verify safety, allergens, legality or availability.
- Human decisions. Automated compliance screening can flag a store for human review or grant a “verified” badge; it never rejects, suspends or removes a store or account on its own. Decisions with legal or similarly significant effect on you are made or reviewed by a person, and you may ask for human review through Contact.
- Your inputs. Search queries, store details and product names you submit to AI features may be sent to the model provider to generate a response. Do not include personal data, health information or confidential material in these inputs. See the Privacy Policy.
- Transparency. Where content is AI-generated we label it as such where practicable (for example “✨ AI suggestions”). Sellers must not present generated photos or claims as real where that would mislead.
12. Languages, translations and currencies
The Service is offered in many languages. The English version of these Terms and all policies is the legally binding one; translations are provided for convenience, and several are marked “beta” because they are machine-generated drafts awaiting native review. Listing content is displayed in the language the seller wrote it in. Currency conversions are indicative and use reference rates that may differ from the rate your bank applies; you are charged in USD.
13. Intellectual property
- The Service, including its software, design, text, graphics, logos, brand marks, the “AfricanDiscountFoods” name, compilations of listings and data, and AI-generated marketplace content, is owned by or licensed to [Operator legal entity name] and protected by copyright, trademark, database and other laws worldwide.
- We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Service for its intended purpose in accordance with these Terms. All other rights are reserved. You may not copy, modify, reverse-engineer, frame, resell or create derivative works of any part of the Service except as the law expressly permits.
- Sellers' store names, logos and photos belong to the respective sellers or their licensors. Product names and brands belong to their owners; their appearance on the Service does not imply endorsement.
- If you believe content on the Service infringes your intellectual property, follow the notice procedure at Report Content & Legal Notices. We terminate repeat infringers.
14. Third-party services and links
The Service relies on third parties, including Stripe (payments and seller payouts), Microsoft Azure (hosting), SendGrid or Resend (email), Sendblue (SMS), Google Fonts (typefaces) and Anthropic (AI). Their services are subject to their own terms and privacy policies, which we do not control. Links to external websites (for example a seller's own site or social media) are provided for convenience; we are not responsible for their content, security or practices.
15. Email and SMS communications
- Transactional messages. By creating an account or placing an order you agree to receive service messages about that account or order by email, and by SMS to the mobile number you provide at checkout. Current SMS milestones are: order received, payment confirmed, shipment dispatched and shipment delivered. These messages are necessary to perform the contract and are not marketing.
- Consent and cost. You confirm that you are the subscriber or customary user of the number you give and that you are permitted to receive texts on it. Message and data rates from your carrier may apply; message frequency depends on your orders. Carriers are not liable for delayed or undelivered messages.
- Opting out. Reply STOP to any SMS to stop texts, or email support@africandiscountfoods.com; reply HELP for help. If you opt out of SMS you will still receive order emails, which we cannot switch off while an order is open because they are how we fulfil the contract.
- Marketing. We send marketing email or SMS only with your separate, explicit opt-in, which you can withdraw at any time using the unsubscribe link or STOP. We do not currently send marketing messages.
- Phishing. We will never ask for your password, full card number or one-time codes by email, SMS or phone. Report suspicious messages to privacy@africandiscountfoods.com.
16. Privacy
Our Privacy Policy explains what personal data we collect, why, who we share it with (including the seller who fulfils your shipment), how long we keep it and the rights you have under the laws of your country. Our Cookie Policy lists the cookies and browser storage we use. Sellers who receive buyers' delivery details are independent controllers of that data and must use it only to fulfil the order, as the Seller Agreement requires.
17. Enforcement, suspension and termination
17.1 What we may do
If we reasonably believe you have breached these Terms or any policy, that your account poses a safety, fraud, legal or security risk, or that the law requires it, we may, with or without notice depending on the seriousness and urgency: remove or restrict Content or listings; demote or hide a store; withhold or delay payouts pending investigation; limit features; suspend or terminate your account; cancel orders; and report unlawful activity to authorities. We may also retain data as needed to investigate, enforce and comply with law.
17.2 Statement of reasons and appeal
When we remove Content or restrict a store or account, we will tell you what we did and why, which rule or law applied, whether automated means were used to detect or decide, and how to appeal, except where the law prevents notification or where the account was used for manifestly illegal activity, spam or repeated abuse. You may appeal within six months by emailing legal@africandiscountfoods.com; appeals are reviewed by a person who was not involved in the original decision. Anyone who reported the content may also contest our decision not to act.
17.3 Effect of termination
On termination your right to use the Service ends. Orders in progress are completed or refunded as the Refund Policy provides. Sellers' outstanding balances are paid out after any deductions and holds permitted by the Seller Agreement, typically within 90 days once chargeback exposure has cleared. Sections that by their nature should survive (including 9, 13, 18 to 21 and 24) survive.
18. Disclaimer of warranties
To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted, error-free or secure operation. We do not warrant the quality, safety, legality or description of goods sold by sellers, the accuracy of allergen or origin information, the results of AI features, the accuracy of translations or currency conversions, or that any seller will perform. The Disclaimer page contains further important notices. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you; in that case such warranties are limited to the minimum period and scope permitted by law.
19. Limitation of liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, under mandatory product-liability law, or for anything else that cannot be excluded or limited by the law that applies to you.
Subject to that paragraph, and to the fullest extent permitted by law:
- [Operator legal entity name], its affiliates, officers, directors, employees, contractors and licensors are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, goodwill, data or opportunity, however caused and under any theory of liability, even if advised of the possibility;
- we are not liable for the acts or omissions of sellers, buyers, carriers, customs authorities or other third parties, including the quality, safety or delivery of goods, allergic reactions or illness, or infringement of your rights by another user;
- our total aggregate liability to you for all claims arising out of or relating to the Service or these Terms in any twelve-month period is limited to the greater of (a) the total amount you paid through the Service for the order or orders giving rise to the claim in that period, and (b) USD 100;
- we are not liable for any failure or delay caused by events beyond our reasonable control (see section 24).
If you are a consumer in the European Union, United Kingdom, Australia, Canada, Nigeria, South Africa, Kenya, Ghana, Brazil, India or another jurisdiction with mandatory consumer law, these limits apply only to the extent they are permitted there, and we remain liable for foreseeable loss caused by our breach of these Terms or by our negligence.
20. Indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless [Operator legal entity name] and its affiliates, officers, directors, employees and agents from any claim, demand, loss, liability, fine, penalty, cost or expense (including reasonable legal fees) arising from: (a) your Content; (b) your breach of these Terms or any policy; (c) your violation of any law or of a third party's rights; (d) if you are a seller, the goods you sell, your food-safety, labelling, tax, licensing or import/export compliance, and any claim by a buyer, authority or third party relating to your store; and (e) your misuse of the Service. This indemnity does not apply to consumers to the extent that consumer law prohibits it, and never to claims caused by our own negligence or breach.
21. Disputes, governing law and arbitration
21.1 Talk to us first
Most problems are solved quickly. For an order, use your order page and then Contact us. For any other dispute, email legal@africandiscountfoods.com with a description of the problem and what you would like us to do. Both sides agree to try in good faith to resolve any dispute informally for at least 30 days before starting formal proceedings, unless urgent relief is needed.
21.2 Governing law
These Terms and any non-contractual obligations arising from them are governed by the laws of [governing-law jurisdiction], excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer, you also benefit from any mandatory provisions of the law of the country where you habitually reside, and nothing in this section deprives you of that protection or of the right to bring proceedings in the courts of that country.
21.3 Users in the United States: arbitration and class-action waiver
Please read this carefully; it affects your legal rights. If you reside in the United States, you and [Operator legal entity name] agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or, for businesses, its Commercial Arbitration Rules), rather than in court, except that either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive relief in court to protect intellectual property or stop unauthorised use of the Service. The Federal Arbitration Act governs this clause. The arbitrator, not a court, decides arbitrability. Arbitration will take place by video or documents unless you request an in-person hearing in your county. We will pay arbitration fees for consumer claims under USD 10,000 unless the arbitrator finds the claim frivolous. You and we each waive the right to a jury trial and to participate in a class, collective, consolidated or representative action or arbitration, except that this waiver does not apply to claims for public injunctive relief where the law makes it unenforceable. If the class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) proceeds in court. You may opt out of this arbitration agreement by emailing legal@africandiscountfoods.com with the subject “Arbitration opt-out”, your name and account email, within 30 days of first accepting these Terms; opting out does not affect any other part of the Terms.
21.4 Everyone else
If you do not reside in the United States, disputes that are not resolved informally may be brought in the courts of [governing-law jurisdiction], except that consumers may always bring or defend proceedings in the courts of their country of residence, and we may seek injunctive relief in any competent court. Consumers in the EU, UK, Switzerland and Norway may also use any alternative dispute-resolution body competent for online consumer disputes in their country; we will tell you whether we agree to participate when a specific body is proposed. Nothing here prevents you from complaining to a consumer-protection authority or data-protection authority.
21.5 Time limit
To the extent permitted by law, any claim relating to the Service must be started within one year after it arises, otherwise it is permanently barred. This limit does not apply to consumers where local law provides a longer non-waivable period.
22. Country- and region-specific terms
If you reside in one of the following places, the additional terms below apply and prevail over any inconsistent provision.
- European Union / European Economic Area
- You have a statutory right to withdraw from a distance contract within 14 days without giving a reason, except for goods liable to deteriorate or expire rapidly, sealed goods unsealed after delivery that are not suitable for return for hygiene reasons, and goods made to your specification (Directive 2011/83/EU, Art. 16). The Refund Policy explains how this applies to food. Sellers must provide their trader identity and contact details, and we display them on their store; under the Digital Services Act (Regulation (EU) 2022/2065) we collect and verify trader information, provide a notice-and-action mechanism (Report Content), an internal complaint system (section 17.2) and a single point of contact at legal@africandiscountfoods.com. Statutory guarantees under Directive (EU) 2019/771 are owed by the seller. Sections 19 and 20 apply only as far as EU consumer law permits.
- United Kingdom
- The Consumer Contracts Regulations 2013 give you a 14-day cancellation right subject to the same perishable and hygiene exceptions; the Consumer Rights Act 2015 implies terms as to quality and description that are owed by the seller. Nothing in these Terms excludes our liability under section 2(1) of the Unfair Contract Terms Act 1977 or section 31 of the Consumer Rights Act 2015. Allergen information for food sold pre-packed for direct sale must comply with UK labelling law (“Natasha's Law”); sellers are responsible for this.
- United States
- Section 21.3 applies. Sellers of home-prepared foods must comply with the cottage-food law of their state, and interstate shipment of certain foods (including meat, poultry and certain dairy) is subject to USDA and FDA rules. California residents: under Civil Code §1789.3 you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Under the INFORM Consumers Act, high-volume third-party sellers must provide verified identity, bank and contact information, which we collect through Stripe Connect and disclose as required.
- Canada
- Provincial consumer-protection legislation (including Ontario's Consumer Protection Act, 2002 and Quebec's Consumer Protection Act) may give you cancellation and other rights that these Terms do not limit. For Quebec residents, the parties confirm their express wish that these Terms and all related documents be drawn up in English; les parties confirment leur volonté expresse que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais. Section 21.3 does not apply to Quebec residents to the extent it conflicts with the Consumer Protection Act. Food imported into Canada is subject to the Safe Food for Canadians Regulations and CFIA import rules.
- Australia and New Zealand
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993. Where those laws permit, our liability for breach of a non-excludable guarantee is limited to re-supply of the service or the cost of re-supply. Consumer guarantees relating to goods are owed by the seller. Imported food must comply with the Imported Food Control Act 1992 (Australia) and biosecurity rules.
- Nigeria
- Nothing in these Terms limits your rights under the Federal Competition and Consumer Protection Act 2018, the Nigeria Data Protection Act 2023 or NAFDAC regulations. Sellers of packaged food must hold the NAFDAC registration required for their products.
- South Africa
- The Consumer Protection Act 68 of 2008 applies to consumers; a right to cancel certain direct-marketing transactions within five business days, and rights relating to defective goods, are preserved. The Electronic Communications and Transactions Act 25 of 2002 governs the electronic conclusion of this agreement, and section 43(5) of that Act (cooling-off) does not apply to perishable foodstuffs.
- Kenya, Ghana and other African markets
- The Consumer Protection Act 2012 (Kenya), the Data Protection Act 2019 (Kenya), the Data Protection Act 2012 (Ghana) and equivalent local consumer, food-safety (e.g. KEBS, FDA Ghana) and data laws apply and are not limited by these Terms.
- Brazil
- The Consumer Defence Code (Law 8.078/1990) and the Marco Civil da Internet apply. The seven-day right of regret (Art. 49) applies to purchases made off-premises, subject to the practical limits on perishable goods, and disputes may be brought in the consumer's domicile.
- India
- The Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules 2020 apply. Sellers must display the information those rules require, hold any applicable FSSAI licence, and we provide a grievance mechanism at legal@africandiscountfoods.com.
- All other countries
- Local mandatory consumer, food-safety, import and data-protection laws apply and take precedence over any inconsistent provision of these Terms. If a provision is unenforceable in your country it is severed for you without affecting the rest.
23. Changes to these Terms
We may change these Terms and the incorporated policies to reflect changes in law, in the Service or in how we operate. For material changes we will give at least 15 days' notice (30 days for changes that affect sellers' fees or payouts) by email, an in-app notice or a notice on the site, unless a shorter period is required to comply with law or address a security or safety issue. The effective date and version appear at the top of each page. Continued use after the effective date means you accept the change; if you do not, you must stop using the Service and may close your account. Changes do not apply retroactively to orders already placed.
24. General provisions
- Entire agreement. These Terms and the incorporated policies are the entire agreement between you and us about the Service and replace any earlier terms.
- Severability. If any provision is unenforceable it will be enforced to the maximum extent permitted and the rest remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms. We may assign them to an affiliate or a successor to the business, with notice to you.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, carrier or customs disruption, power or internet failures, or acts of government. This does not affect your right to a refund for goods not delivered.
- Electronic contracting. You agree that clicking buttons such as “Create my account”, “Place order” or “Open my store” is a valid electronic signature, and that we may provide notices and records electronically. Keep a copy of these Terms; we can also provide the version you accepted on request.
- Notices to us must be sent to the addresses in section 25. Notices to you go to the email address on your account or order.
- No third-party beneficiaries, except that our affiliates, officers, employees and licensors may enforce sections 19 and 20.
- Relationship. Nothing creates a partnership, joint venture, employment, franchise or agency relationship between you and us, or between us and any seller.
- Language. The English text prevails over any translation.
25. Legal notice and contact
Operator: [Operator legal entity name], trading as AfricanDiscountFoods
Registered office: [Registered office address]
Legal notices, IP claims and DSA point of contact: legal@africandiscountfoods.com
Orders and buyer support: support@africandiscountfoods.com
Sellers: sellers@africandiscountfoods.com
Privacy and security: privacy@africandiscountfoods.com
Additional company registration, VAT or tax identifiers required by the law of your country will be published on this page as they become applicable.