Terms and Conditions
1. Definitions & Customer Status
For the purposes of these Terms:
“Consumer” / “B2C Customer”
A natural person purchasing goods for purposes wholly or mainly outside their trade, business, or profession.
“Business Customer” / “B2B Customer”
Any person or entity purchasing goods in the course of trade, including retailers, wholesalers, foodservice operators, distributors, or resellers.
Where a clause applies only to Consumers or only to Business Customers, this is expressly stated.
2. Company Information
This website and online store are operated by Mexgrocer Europe B.V., a company incorporated in the Netherlands.
3. Acceptance of Terms
By accessing the website, creating an account, or placing an order, you confirm that you have read, understood, and agree to be legally bound by these Terms.
If you do not agree, you must not use the website or place an order.
4. Nature of the Website & Distance Selling
This website operates as an online e-commerce platform offering distance selling of:
- Food products
- Drinks
- Themed and speciality products
All orders are placed remotely without face-to-face contact.
5. Accounts & Customer Classification
5.1 General
You may be required to create an account to place orders. You are responsible for the accuracy of information provided.
5.2 Business Accounts (B2B Only)
Business Customers must apply for and be approved for a business account. Mexgrocer Europe B.V. reserves the right to verify business details, restrict access to trade pricing, or refuse or withdraw business accounts at its discretion.
6. Product Information
Product descriptions, images, ingredients, and specifications are provided for information purposes.
- Images are illustrative
- Packaging and labelling may change
- Availability is not guaranteed
We reserve the right to correct errors, amend descriptions, or withdraw products at any time.
7. Pricing, VAT & Invoicing
7.1 Pricing Display (B2C & B2B)
Prices displayed on the website are shown inclusive of VAT, unless the customer qualifies for VAT exemption under applicable EU VAT rules.
7.2 VAT Treatment (B2B)
Where a Business Customer provides a valid VAT identification number and qualifies for VAT exemption or zero-rating under EU law, VAT will be applied accordingly.
7.3 Invoicing
Valid VAT invoices are issued electronically at the point of despatch only.
No paper invoice will be included with deliveries unless expressly agreed in writing in advance.
7.4 Price Changes
Mexgrocer Europe B.V. reserves the right to amend prices at any time, subject to reasonable notice where practicable. Price changes will not affect orders already accepted.
8. Orders & Payment
8.1 Order Formation
An order constitutes an offer to purchase. A contract is formed only once the order is accepted and confirmed by Mexgrocer Europe B.V.
8.2 Payment
Payment must be made using the methods offered at checkout.
- B2C Customers: payment is required at the time of order
- B2B Customers: payment terms depend on account status (pro-forma or approved credit)
9. Delivery
Delivery dates are estimates only. Time of delivery is not of the essence.
Goods are deemed delivered on arrival at the delivery address. Deliveries must be signed for.
Mexgrocer Europe B.V. is not liable for delays caused by events beyond its reasonable control.
10. Risk & Title
B2C Customers:
Risk passes on delivery to the consumer.
B2B Customers:
Risk passes on delivery.
Title passes:
- on delivery for pro-forma customers; or
- only once payment is received in full for credit customers.
11. Right of Withdrawal (B2C Only)
Consumers have statutory rights under EU distance selling legislation.
11.1 Exclusions
The right of withdrawal does not apply to:
- Perishable food products
- Sealed food items once unsealed
- Products with a short shelf life
11.2 Refunds
Where withdrawal rights apply, refunds will be processed in accordance with EU consumer law.
12. Returns & Claims
12.1 Consumers (B2C)
Consumers retain statutory rights in relation to faulty or misdescribed goods.
12.2 Business Customers (B2B)
- Claims for damaged, missing, or incorrect goods must be notified within 48 hours of delivery
- Returns are accepted only by prior agreement
- Goods must be unused, resaleable, and in original packaging
- Food safety and traceability requirements apply
13. Warranty
13.1 Consumers (B2C)
Nothing in these Terms limits statutory consumer warranties.
13.2 Business Customers (B2B)
A limited warranty applies for three (3) months from delivery, subject to inspection and compliance with return conditions. All other warranties are excluded to the maximum extent permitted by law.
14. Marketing & Data Use
By accepting these Terms and using the website, you acknowledge and agree that your contact details may be used for Mexgrocer Europe B.V. marketing communications, including via third-party applications (such as email platforms and CRM systems).
You may opt out of marketing at any time or request data removal. Opting out does not affect data required for legal or contractual obligations.
15. Liability
15.1 Consumers (B2C)
Nothing in these Terms limits or excludes statutory consumer rights.
15.2 Business Customers (B2B)
To the maximum extent permitted by law, Mexgrocer Europe B.V. shall not be liable for indirect, consequential, or economic loss.
Nothing excludes liability for death or personal injury caused by negligence, fraud, wilful misconduct, or liabilities that cannot be excluded by law.
16. Late Payment (B2B Only)
Where any sums due from a Business Customer are not paid by the due date, Mexgrocer Europe B.V. may charge statutory interest in accordance with EU Directive 2011/7/EU on combating late payment in commercial transactions, together with reasonable recovery and administrative costs.
Mexgrocer Europe B.V. may suspend deliveries, withdraw credit facilities, or require advance payment.
17. Termination
Either party may terminate where the other:
- commits a material breach not remedied within fourteen (14) business days;
- fails to make payment when due; or
- becomes insolvent or unable to meet its obligations.
Termination does not affect accrued rights.
18. Intellectual Property
All website content, branding, trademarks, and materials are owned by or licensed to Mexgrocer Europe B.V. Unauthorised use is prohibited.
19. Governing Law & Jurisdiction
These Terms are governed by the laws of the Netherlands.
The courts of the Netherlands have exclusive jurisdiction.
20. Amendments
Mexgrocer Europe B.V. may amend these Terms at any time. Continued use of the website constitutes acceptance of the updated Terms.
Monday to Friday 8am to 4pm