1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms and Conditions Agreement (“Agreement”) with respect to our Digital Channels (the “Channels”). This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Channels, and you should review this Agreement prior to using the Channels.
2. Online Shopping Terms and Conditions.
Inaccuracy Disclaimer: From time to time there may be information on our Channels that contains typographical errors, inaccuracies, omissions or information that is simply out of date, that may relate to product descriptions, pricing, and availability. PriceSmart reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Subject to applicable law, PriceSmart: (a) reserves the right to change the goods and services advertised or offered for sale through these Channels, the prices or specifications of such goods and services, and any promotional offers and any other Channel Materials (defined below) at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on these Channels will be available when ordered or thereafter; (c) reserves the right to limit quantities sold or made available for sale; (d) does not warrant that the Channel Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserves the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on these Channels is inaccurate. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. "Channel Materials" means all materials on the Site, app or any other digital channel, including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
PriceSmart reserves the right, with or without prior notice to do one or more of the following: (1) discontinue or limit the availability of any product or service, (2) set guidelines for compliance of any coupon, code, promotional code or similar promotions, (3) prevent users from making or completing any and all transactions, (4) refuse to provide a product or service to any user.
Regarding the online shopping service platform (Click and Go, Standard and Express Delivery)
All terms and conditions in the Policies and Returns section of pricesmart.com are applicable. PriceSmart reserves the right to allocate Platinum membership rewards and co-branded credit card cash back accumulation for purchases processed through pricesmart.com, the PriceSmart app and any other related products, as defined in local conditions.
Online donations, where available, do not currently allow the issuance of electronic invoice from our online platform, nor are they applicable for diplomatic benefits in countries where these are provided.
All purchases made through this platform, in the countries where it is available, will generate charges in local currency. The amount billed at the time the order is placed is subject to change, and therefore could reflect a different amount on the invoice and statement of the card with which the customer pays for his order compared to the amount indicated at the time of paying for the order online. The price of products on pricesmart.com is displayed following our club policies and practices. This means they include all taxes in Barbados, Colombia, Costa Rica, El Salvador, Guatemala, Honduras and Trinidad and Tobago. Similarly, in order to follow local regulations and practices, local products in Aruba, Jamaica, Nicaragua, Panama and US Virgin Islands will have the sales tax added at checkout. PriceSmart.com may apply a USD$5.00 stocking fee per order (the stocking fee may be charged in local currency; daily exchange rate applies). This stocking fee will not be charged during the COVID-19 restriction period. PriceSmart.com and PriceSmart.com associated channels accept debit and credit card payment methods for online purchase. See local conditions to learn more about locally accepted payment methods and payment network brands.
The Click and Go, Standard and Express Delivery services have an order placement time limit in order to guarantee delivery in the shortest amount of time possible, within the club’s working hours and in accordance with the public transit guidelines and restrictions that may exist in the countries where the service is provided. Therefore, the member understands that: for the Click and Go service, all orders will be processed over night and made available for pickup the day after order completion. Members will have a 24-hour window after the pickup confirmation communication is sent to pick up their order. If a confirmed order is not picked up within the specified time, a USD $10.00 restocking fee will be charged and a refund of the order fee will be processed to the card used by the member to place the order (the restocking fee may be charged in local currency; daily exchange rate applies). For the Standard and Express Delivery services, the member agrees to guarantee reception of the order at the address indicated at checkout, and as indicated through the services’ communication provided to facilitate delivery. The member will be charged the USD $10.00 restocking fee, in the cases where the member fails to receive the order. This stocking fee will not be charged until further notice. All delivery orders will be delivered in a sealed package, with the corresponding printed invoice attached. The member will be responsible for retrieving their purchases from the assigned driver's car. The driver will only be responsible for delivering the order to the building or residence indicated in the order's delivery address. In the cases where these conditions are not met, the member must reject the delivery and notify the issue via email to the email address of the club where the order was placed. Doing so will be considered the only means to trigger reimbursement for the order. Members accept and understand that, upon placement of Click and Go orders, they are responsible for procuring capacity and means to pick up and transport large format and high weight items, such as large appliances, furniture and other large format products. Members also understand and accept that Standard and Express Delivery service orders will be conditioned by the transportation capacity of vehicles used for such end and, therefore, do not consider the transportation or delivery of large format items. PriceSmart will offer members to coordinate a delivery service exclusively for these large format items, at an additional cost. These deliveries will be scheduled for delivery on the following day as of contact with the member. See Delivery service coverage areas. Local conditions may apply for delivery services available. See local conditions here.
Click and Go, Standard and Express Delivery purchases, as well as physical purchases at the club, will be restricted for staple or high demand products for an indefinite time, in order to give as many members posible the opportunity to buy said products. PriceSmart reserves the right to define and update the list of products to which this restriction applies in quantity discretion, and will indicate any updates in this regard to its members both at clubs and its web site, being this last the primary and most up-to-date source to that end.
About the credit card validation process for online shopping
When an order is created in our system, our anti-fraud team may require additional information or documentation to confirm your identity and payment method. Documents required via our department's email address, firstname.lastname@example.org, may include image of your identification document and image of your credit card displaying the first 6 and last 4 digits only. PriceSmart reserves the right to cancel your order were you to fail to reply back to these requests.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 6 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
PRICESMART, PRICESMART MEMBERSHIP SHOPPING, pricesmart.com, MEMBER’S SELECTION, CLUB SELECT (and all other registered trademarks owned by PriceSmart), and their respective designs and/or logos are either trademarks or registered trademarks of PriceSmart and may not be copied, imitated or used, in whole or in part, without the prior written permission of PriceSmart. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of PriceSmart, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PriceSmart. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
5. United States Usage; Legal Compliance.
This Site is operated by a U.S. entity which is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials as defined in Section 7 below.
6. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for personal, non-commercial purposes and provided that you maintain all copyright and other policies contained herein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of PriceSmart or any third party. You may not use any meta tags or any other "hidden text" utilizing PriceSmart's name, trademark, or product name without our express written consent.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this Site.
7. Additional Restrictions and Prohibitions on Use.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices (including this Agreement) on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
11. Passwords and Security.
If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify PriceSmart immediately. PriceSmart reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, PriceSmart may rely on the authority of anyone accessing your account or using your password and in no event will PriceSmart be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of PriceSmart under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
12. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
13. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on, or accessible via, the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder.
14. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, shareholders, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
18. Limitation of Liability.
(a) We and our Affiliated Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable there from, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATED PARTIES.
19. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Statement. All remarks, suggestions, ideas, graphics, or other information communicated by you to us in the form of email or submission to Price