Terms and Conditions

TERMS AND CONDITIONS

Last revised on 29 March 2022

This website (www.homelandgrocer.com) is owned and operated by Homeland Life Co., Ltd. (hereafter referred to as “HOMELAND”). 

These Terms and Conditions are used in conjunction with HOMELAND’s Privacy Policy. Please carefully read these Terms and Conditions, which apply to all users of this website. 

HOMELAND reserves the right to modify, change, adjust, update or cancel these Terms and Conditions as well as HOMELAND’s Privacy Policy in whole or part at HOMELAND’s sole discretion. Please check such details every time before using this website. 

Although HOMELAND has made the best efforts to ensure that the information, details and content presented on this website is accurate and appropriate, HOMELAND cannot certify or confirm the accuracy of such information, details and content. You must not conclude that the information, details and content provided on this website is accurate or the most up-to-date. You must also not use or refer to such information, details and content as facts.

Your acceptance of these Terms and Conditions is dependent upon your own usage and access to this website and purchase from HOMELAND. However, when you visit this website, purchase a product from HOMELAND via this website and/or use any of this website’s functions, you agree and accept to be bound by the following Terms and Conditions, including HOMELAND’s Privacy Policy, additional terms and conditions and policies referenced herein and/or available by hyperlink. If you wish to not be bound by these Terms and Conditions, please immediately stop accessing and using this website. 

Terms and Conditions

1. Definitions

“HOMELAND” refers to Homeland Life Co., Ltd.;

“Website” refers to www.homelandgrocer.com or any subdomain thereof on which HOMELAND offers its products and services;

“Service” or “Services” refers to which HOMELAND may supply and you may request from HOMELAND’s website and other channels belonging to HOMELAND;

“Agreement” refers to this agreement [“Terms and Conditions”], HOMELAND’s Privacy Policy, any order form, and payment methods provided;

“Privacy Policy” means agreements as displayed on this website, governing how HOMELAND collects and stores your and HOMELAND’s customers’ data on this website;

“Products” means products that are on sale, including but not limited to groceries and daily needs for consumer use and/or consumption and/or other goods which are made available through this website;

“Customer” refers to any person, firm, company or body registered with HOMELAND to place an order or request other services from HOMELAND via this website or any other method;

“You”, “Your”, “Yours” refer to you, the person accessing this website, the person ordering products and services from the website or any other way from HOMELAND, and anyone who provides feedback, comments and other submissions on the website;

“Customer Data” refers to any information and data, including but not limited to usernames and passwords, of HOMELAND’s customers that are stored on HOMELAND’s database;

“Purchased products” refers to the quantity and amount of products that customers agree to buy and are recorded in the basket 

“Order Summary” refers to HOMELAND’s system of data collection of product quantity and amount that HOMELAND’s customers agree to and/or are interested in buying from HOMELAND both via this website and any other method

“Account/Customer Account” refers to a system of data collection from the website that records and collects information about individual customers; 

“Account Information” refers to information that is shown on the customer account, which includes but is not limited to personal information about the customer and the customer’s purchase information that is collected in the basket;

“Checkout” refers to completion of the cart checkout process on this website or HOMELAND’s application that results in an order confirmation;

“Delivery” refers to the delivery service provided by a delivery courier to deliver HOMELAND’s customers’ orders;

“Participating Retailer” means a third party individual or a third party business, which is cooperating with HOMELAND to supply the products and services;

2. Copyrights and Trademarks

Information, details, content, and/or any intellectual property of this website and/or any other website of HOMELAND, of HOMELAND’s subsidiaries, or of any HOMELAND’s affiliated brands or of other parties that have given HOMELAND the permission to use are covered in the form of the copyrighted work that includes, but is not limited to Copyright, Trademark and other intellectual property rights. HOMELAND reserves the right to this website’s information, details, content and/or all other intellectual properties, except when a formal written permission to use such information, details, content, and/or other intellectual properties has been given from HOMELAND.

3. Private Use and Liability 

For this website’s and your security, you agree and accept to not disclose your and/or any HOMELAND’s customers’ account information, which includes but is not limited to, username and password, to any third party once you create your account on this website. Maintaining the confidentiality of your account and/or any activities that may occur on/through your account is your sole responsibility. HOMELAND shall not be held liable for any loss or damage you may suffer if a third party acquires unauthorized access to your account, your basket and/or any data you provide when accessing or ordering from the website. By using this website and/or creating an account, you agree and accept to protect your username and password at all times. You also agree to not impersonate any person or to falsely state or otherwise misrepresent your affiliation with any person.

4. Use of Information, Details and Content of this Website

1) The ownership of all information, details and content that appear on this website belongs to HOMELAND. HOMELAND reserves all rights to this website’s information, details and content, which are employed for personal purposes only. No users of this website are authorized to use, alter, reproduce, or distribute any information, details and content without a formal written permission from HOMELAND. HOMELAND reserves the right to use and/or modify information, details and content of this website at HOMELAND’s sole discretion. Any information collected on this website shall be used for HOMELAND’s business and commercial purposes only and they shall be used to improve HOMELAND’s website and services to you and customers according to HOMELAND’s Terms and Conditions. HOMELAND also reserves the right to disclose your and any customers’ information to third parties when HOMELAND is required to do so to comply with legal obligations and/or legal requirements. 

2) By using this website, you agree and accept to not use, alter, reproduce, copy, and/or plagiarize the content on this website and in its functionalities in part or in whole. You agree to not distribute or disclose any of this website’s content, information and functionality to any third party. You also agree to not connect, link, reproduce, and/or imitate any part of this website in any length. 

3) If a violation of any of the aforementioned rights occurs or if you use or reference the website’s information, details, and content without a formal written permission from HOMELAND, HOMELAND reserves the right to take immediate appropriate legal proceedings to address such violation. You agree to indemnify, stand in legal defense against any related parties and keep HOMELAND from being damaged by the use of this website’s data without HOMELAND’s formal written permission. You agree that the use of the content, messages or figures that appear on this website without our formal written permission may have detrimental effects to the highest degree. In the case that the information on this website is used without formal written permission from HOMELAND, you agree and accept that HOMELAND is entitled to receive compensation for legal or equitable remedies as the owner, including restriction not to commit such violations.

5. Data Usage and Disclosure

Unless otherwise restricted by applicable law, you agree and accept that all your personal information and/or data collected by HOMELAND on the website may be used and disclosed for purposes as stated in our Privacy Policy. You also agree and accept that your personal information and/or data collected by HOMELAND on the website may be disclosed to third parties when HOMELAND is required to do so to comply with HOMELAND’s legal obligations and any legal requirements.

6. User’s Comments, Feedback, Information and Other Submission 

When you access and/or use this website, you agree and accept that

1) You are solely liable for any content you send or save to this website, including your comments, feedback, information and other submission. HOMELAND shall not be held liable for any content submitted to HOMELAND’s website by you or any users. HOMELAND reserves the right to remove comments, feedback, information, and other types of submission at HOMELAND’s own discretion. 

2) HOMELAND does not permit transmitting or saving any illegal information that may cause damage to the reputation of HOMELAND and others. HOMELAND also does not permit transmitting or saving any political, obscene or pornographic material. You agree that you will not send anything that would violate the rights of any individuals or third parties, including any copyright and/or trademark material or information, personal information, private information, confidential information, or information that is offensive, threatening, defamatory, libelous, offensive, unethical, infringing on anyone’s intellectual property, or any proprietary information to HOMELAND. 

3) HOMELAND shall not be held liable or responsible to any user’s comments, feedback, information, and other types of submission. HOMELAND may, but has no obligation to, monitor, edit or remove content that HOMELAND determines at HOMELAND’s sole discretion as unlawful, offensive, threatening, pornographic, obscene, libelous, defamatory, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions as specified in clause 2). HOMELAND has the sole and absolute discretion in removing any comments, feedback, and other types of submission to this website that may include but is not limited to, any comments, feedback and other types of submission that HOMELAND deems inappropriate without notifying any user in advance. 

7. Privacy and Security

Your use of this website, transmitting and/or saving any comments, details and content on this website indicates that you accept and agree to comply with these Terms and Conditions as well as HOMELAND’s Privacy Policy. You also accept and agree to comply with any data protection notices. Should you fail to comply with HOMELAND’s Terms and Conditions and/or Privacy Policy, HOMELAND has the sole and absolute discretion in rejecting your, any user’s access and usage of this website.

8. Inappropriate Use of Customer’s Account

You and HOMELAND’s customers agree and accept that each user’s account is for the sole purpose of ordering products from HOMELAND. You and all HOMELAND’s customers agree to not cause any damage to HOMELAND, this website, HOMELAND’s customers, or other parties. If you violate these Terms and Conditions and/or inappropriately use this website as guided by these Terms and Conditions,  HOMELAND has absolute discretion and rights to terminate any account for any reason whatsoever and deny access to this website without notifying you in advance.  

Wrongful use of HOMELAND account that may cause damage to HOMELAND or HOMELAND’s customers include, but not limited to:

1) Creating an account on behalf of another person or entity without their authorization or using fake names; and/or

2) Using HOMELAND account for any illegal activities; and/or

3) Using HOMELAND account for commercial purposes both on your own behalf or someone else’s behalf in Thailand or outside of Thailand; and/or

4) Registering or using multiple HOMELAND accounts for purchases related to HOMELAND’s promotions or any promotion-related campaigns;

5) Purchasing HOMELAND’s products as a resale agent or for commercial or resale purposes.

9. Ordering

1) All orders placed by you constitute your offer to HOMELAND to purchase the selected products in each order. All orders placed are subject to stock availability and HOMELAND’s acceptance. When a product is out of stock, damaged, spoiled, or unavailable for any other reason, HOMELAND reserves the right to cancel, amend or reject your order in whole or in part at any time and without liability or compensation. All orders are also accepted based on our no-cancellation policy, which means that you may not cancel any orders from us.

2) When you place an order with HOMELAND and have completed your purchase, you agree that any payment processed for your order does not constitute HOMELAND’s acceptance of your order. HOMELAND has absolute discretion in rejecting an order whether in part or in whole as specified in 1). In the case of an order for any product is rejected or cancelled by HOMELAND, HOMELAND will handle any payment made for that specific order in accordance with HOMELAND’s refund policy as stated in HOMELAND’s Terms and Conditions at that given time. By placing an order with HOMELAND, you also accept that HOMELAND is not responsible for cancelled orders and shall not be held liable to compensate you for any damages that may occur. 

3) This website is only for your and any customers’ non-commercial orders. Any products purchased from HOMELAND are for your own use and not for resale purposes. By placing an order, you confirm that you are not acting as an agent for a third party or are purchasing HOMELAND’s products for commercial or resale purposes. HOMELAND reserves the right to refuse any orders HOMELAND assumes to be commercial or any orders in bulk at HOMELAND’s sole discretion. For these refused orders, HOMELAND is not subjected to providing any explanation to you or any other entity. HOMELAND also reserves the right to change the quantities ordered or to alter the delivery option where HOMELAND finds appropriate.  

10. Pricing and Payments

1) The prices you will be charged for products will be the price displayed on this website on the day that you have confirmed an order. Any promotional offers (if applicable) will also be displayed on the website and/or the checkout page. As required by law, some product types sold on this website may contain Value-Added Tax (VAT) and any relevant sales tax. HOMELAND reserves the right to change these prices at any time, to alter the products or services available for sale on the website and to stop listing retailers, products or services at any time HOMELAND sees fit.

2) Payment for all orders made on this website shall be made by credit card/debit card or PromptPay only. HOMELAND reserves the right to change, limit, modify, or cancel any payment method without notifying you or any HOMELAND’s customers in advance. You and HOMElAND’s customers are subject to check such details at the time of use. 

3) By completing the checkout process, you accept that the price of the products may change between the day of your order confirmation and the day of delivery. The payment will cover the cost of all products ordered and any alternative or substituted products, as well as the delivery and service fees.

11. Delivery

1) HOMELAND and/or a third-party delivery courier will contact the phone number provided by you to schedule and confirm delivery address as well as delivery route. However, if you, the person who submitted the order, and/or the order recipient are unable to be reached, your order will be returned to HOMELAND and re-delivery charges will apply for re-delivering to you. HOMELAND and/or a third-party delivery courier shall expect to complete your delivery on the first delivery attempt. Should a re-delivery become necessary, HOMELAND will only make one re-delivery attempt for each order. HOMELAND reserves the right to consider the delivery routes and estimate the next delivery time for you, which may cause a delay. Please carefully check and ensure that the provided delivery address, delivery time frame, and phone number are correct. You will receive a call or text from us or a call or text from a third-party delivery courier to notify you that your order is on the way. In the event that HOMELAND and/or HOMELAND’s third-party delivery courier cannot contact you, the order recipient and/or the person who submitted the order before and/or upon delivery, the wait time at the delivery address is subject to our delivery courier’s policy.  You may visit our FAQs page to check delivery dates and times.

2) HOMELAND currently delivers to all zip codes in Bangkok and selected areas of the Bangkok Metropolitan. You may also contact HOMELAND or visit the FAQs page to check HOMELAND’s delivery coverage. HOMELAND will only proceed and accept orders within our delivery coverage. HOMELAND reserves the right to reject or cancel any orders if the delivery areas are outside of HOMELAND’s delivery coverage that HOMELAND can regularly deliver to.  

3) For selected Bangkok and Bangkok Metropolitan zip codes below, the Standard Delivery fee is 85 Baht. Orders above 2,000 baht for these zip codes receive free delivery:

10110, 10240, 10260, 10230, 10330, 10250, 10310, 10700

For selected Bangkok and Bangkok Metropolitan zip codes below, the Standard Delivery fee is 95 Baht. Orders above 2,200 baht for these zip codes receive free delivery:

10600, 10130, 10230, 10510, 10900, 10400, 10200, 10300, 10500, 10520, 10120, 10100, 10270

For selected Bangkok and Bangkok Metropolitan zip codes below, the Standard Delivery fee is 199 Baht. Orders above 3,000 baht for these zip codes receive free delivery:

10540, 10140, 10220, 10280, 11000

For selected Bangkok and Bangkok Metropolitan zip codes below, the Standard Delivery fee is 250 Baht. Orders above 3,500 baht for these zip codes receive free delivery:

11120, 10160, 10150, 10210, 10170, 10800, 10530, 11130

Upon placing your order, you will receive an automatic confirmation email if your payment goes through and is successfully processed.  We only send out confirmed orders and cannot send out hold-on or cancelled orders. Once your order has been picked up and is out for delivery, a separate confirmation from a third-party courier will be sent via text to the phone number you have provided.

4) Delivery of your and all HOMELAND’s customers’ orders are subject to HOMELAND’s delivery courier’s policy and the designated delivery locations’ rules and policies. In the event of a delivery to residential buildings, commercial buildings and other multi-story buildings, the delivery shall be subject to HOMELAND’s third-party delivery courier’s policy as well as each building’s policy. Please carefully check the rules and policies of your residential building or the recipient’s building and inform HOMELAND and the delivery courier accordingly.  

5) Any products pre-ordered by you or any of HOMELAND’s customers may be delivered separately at a different time from the rest of your order.

12. Return

1) Once your order has been delivered, you agree to immediately check the accuracy of the delivered products and the amount delivered according to your order confirmation and receipt as well as any damages that may have occurred. 

2) In the event that you have received an incorrect, faulty or damaged product(s), you must notify HOMELAND via email or LINE of such products within 24 hours from the time your order was delivered, with photo evidence of the incorrect, faulty or damaged product(s). After receiving your notification HOMELAND will work to ensure the matter is appropriately handled and resolved as soon as possible. The incorrect, faulty or damaged product(s) must be in its original packaging at the time of delivery and must be unused and/or unopened. HOMELAND will send you the correct order within 24 hours from the time that HOMELAND has received your notification, but only if stock availability permits and if the occurrence of the incorrect, faulty or damaged product(s) was not from your doing. If any correct or substitute item is unavailable, HOMELAND will refund you for the unavailable item you had purchased. However, HOMELAND will refund you the full price of each returned product minus the platform transaction fee if it meets the aforementioned criteria. Refund shall be in the form of the order’s payment method or another agreed upon method and you shall not request further compensation. 

3) In the event that an order becomes missing, please inform HOMELAND via email or LINE within 24 hours of the first hour of your confirmed delivery window. Once HOMELAND is notified, HOMELAND will either issue a refund or resend the order, if stock availability permits, within 24 to 48 hours of that notification.  Refund shall be in the form of the order’s payment method or another agreed upon method and you shall not request further compensation. 

13. Events Outside Our Control

If a failure or a delay in our performance is caused by events outside of our control (Force Majeure Event) or Acts of Gods, HOMELAND will not be held liable or responsible for such failures or delays. A Force Majeure Event includes any act, event, non-happening events or accident beyond our reasonable control and includes but not limited to in particular the following:

1) Protest, riot, invasion, civil commotion, city lockdown, political unrest, terrorist attack, threat of terrorist attack, war (whether declared or not) or threat of war; 

2) Impossibility of the use of public or private telecommunications networks;

3) Storm, explosion, fire, flood, other natural disasters; 

4) The acts, legislation, decrees, regulations, or restrictions of any government;

5) Impossibility of the use of roads, railways, aircraft,  or other means of public or private transport.  

If our performance is deemed to be suspended for the period that the Force Majeure Event continues, we will have an extension of time for performance for the duration of that period. We will not be held responsible for any lost or damaged products sent to you or any HOMELAND customer that has occurred due to Force Majeure Event. If we cannot find a solution to resolve the issue, we shall not be held responsible for our failure to resolve the issue.

14. Limitation of Liability

1) While HOMELAND has made the best effort to ensure the accuracy of this website, HOMELAND does not guarantee the accuracy of this website and there may occasionally be information on our website or our service that contain typographical errors, omissions or inaccuracies.

2) We reserve the right to correct any errors, omissions or inaccuracies and will have no liability towards you and any third party for these errors in the contents of this website, or for any actions arising from the use of such content. 

3) We also do not guarantee access to this website at any and all times, the reliability of this website to any length, and do not guarantee that all functions within this website will be uninterrupted or error free. HOMELAND does not warrant that such defects will be corrected even if it has been made aware of such defects. To the extent that is applicable by law, HOMELAND will not be liable for any damages directly or indirectly caused by any accidents, any consequential damages, any special damages, or any punitive damages arising from the use of the contents of this website and its functionalities, although HOMELAND may have been advised of the possibility of damage. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

15. Breaches of HOMELAND’s Terms and Conditions and Privacy Policy

If you breach any of HOMELAND’s Terms and Conditions or the Privacy Policy in any way, you agree and accept that HOMELAND will take appropriate actions, including but not limited to, cancelling your account and prohibiting your access to this website for a specified or unspecified time period. HOMELAND may take action to respond to the breach. In an event that a damage to HOMELAND or this website has occurred, HOMELAND will conduct appropriate legal proceedings against you.

16. Assignment

1) You and HOMELAND’s customers agree and accept that HOMELAND has absolute and sole discretion in transferring, sub-contracting or otherwise dealing with HOMELAND’s affiliates for commercial and business purposes — whether stated in these Terms and Conditions and the Privacy Policy or not — without notifying you or obtaining your consent.

2) If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Applicable Laws

These Terms and Conditions shall apply, and be construed in accordance with Thai law. Any dispute relating to these Terms and Conditions and/or the Privacy Policy shall be in accordance with the Thai courts’ jurisdiction only.

18. Contact Information

For any further inquiries about this website, our products and services, or any of our Terms and Conditions, please email us at info@homelandgrocer.com or mail to Homeland Life Co., Ltd. 1475 Pattanakarn 31/1 Suan Luang Suan Luang Bangkok, Thailand 10250.