These Terms & Conditions (“Terms”) govern your access to and use of our website, mobile experiences, and services (the “Site”) and your purchases from Tour of Africa Food Market and participating third-party marketplace sellers (“Vendors”). By visiting the Site, creating an account, or placing an order, you agree to these Terms and our incorporated policies (Privacy Policy, Delivery & Shipping Policy, and Return & Refund Policy). If you do not agree, do not use the Site.
2) About Our Marketplace
Tour of Africa Food Market is a single-merchant online grocery. All products listed on the Site are offered and sold directly by Tour of Africa Food Market. We manage product selection, pricing, payments, customer service, order fulfillment, and delivery.
3) Eligibility & Account
You must be at least 18 years old and have the legal capacity to agree to these Terms. You may browse without an account, but certain features require registration. You are responsible for safeguarding your credentials, restricting access to your device, and all activity under your account. Notify us immediately of unauthorized use. We may refuse service, close accounts, or cancel orders if we suspect abuse, fraud, or violations.
4) Ordering, Substitutions & Acceptance
Placing items in your cart does not reserve them. Your order is an offer to purchase. We may accept, reject, or limit quantities at our sole discretion, including due to stock levels, geographic restrictions, or suspected fraud. If an item is out of stock, you can preselect preferences for substitutions; if enabled, we may provide a like-for-like substitute at the same price. If you choose “no substitutions,” unavailable items will be canceled and refunded. Title to goods transfers upon delivery or pickup; risk of loss passes at the same time.
5) Pricing, Taxes & Promotions
Prices, fees, and promotions are shown at checkout and may change without notice until your order is confirmed. We use reasonable efforts to display accurate prices; however, errors may occur. If we discover a material pricing error after you order, we will contact you for instructions or cancel and refund. Taxes and regulatory fees are calculated based on your delivery or pickup location and applicable laws. Promotional codes are single-use unless stated, may not be combined, and have posted expirations and exclusions. We may prorate discounts across eligible items.
6) Payment & Billing
We accept secure, cashless payments via the methods displayed at checkout (e.g., major cards and approved wallets). By providing payment details, you represent that you are authorized to use that method and authorize us (and our processors) to charge the full order amount, including fees, taxes, tips, and any adjustments (e.g., weight-priced items). If a charge fails, we may reattempt or request another method. We may place a temporary authorization hold for order verification. Charge disputes should be directed to support@toainternationalmarkets.com; unwarranted chargebacks may result in account restrictions.
7) Delivery, Pickup & Missed Attempts
Delivery and pickup terms are described in our Delivery & Shipping Policy. You agree to provide accurate address, access, and contact details and to be available during your selected window. Our driver will attempt to contact you; if we cannot complete delivery after reasonable efforts, redelivery fees may apply. Temperature-sensitive items are transported in insulated carriers; please refrigerate or freeze promptly upon receipt. For age-restricted products (if offered), a valid government ID is required at delivery.
8) Returns, Refunds & Order Changes
Our Return & Refund Policy explains eligibility windows and procedures. You may change or cancel an order within the stated time before picking begins; after that, we will try to assist but cannot guarantee cancellation. Refunds are issued to the original payment method. For bundles and promotions, discounts are prorated; free gifts must be returned unused, or their value may be deducted.
9) Product Information, Allergens & Recalls
We strive to present accurate product information (descriptions, ingredients, nutrition, allergens, origin), but data may come from manufacturers or Vendors and can change. Always check the packaging before consumption. If you have allergies or dietary restrictions, contact the manufacturer or Vendor directly. In the event of a product advisory or recall, we will follow applicable procedures and may contact you using your account info.
10) User Conduct
You agree not to: (a) violate laws or the rights of others; (b) interfere with the Site’s operation, security, or networks; (c) use bots, scrapers, or data-mining tools without permission; (d) submit false orders or reviews; (e) resell or export products in violation of law; or (f) attempt to circumvent platform controls (e.g., pricing, fees, geographic restrictions). We may monitor and enforce compliance and may suspend or terminate access for violations.
11) User Content & Reviews
You may post reviews, ratings, photos, and comments (“User Content”) where enabled. You grant Tour of Africa Food Market a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, display, modify, and distribute your User Content for operating, marketing, and improving the Site. You represent that you own or control the rights to your User Content and that it is truthful, lawful, and non-infringing. We may moderate or remove User Content at our discretion.
12) Intellectual Property
All content and materials on the Site, including text, graphics, logos, icons, images, audio/video clips, software, and the compilation thereof, are owned by or licensed to Tour of Africa Food Market and are protected by intellectual property laws. You are granted a limited, revocable, non-transferable license to access and use the Site for personal, noncommercial purposes. No rights are granted except as expressly set forth. If you believe your IP rights are infringed, contact support@toainternationalmarkets.com with details; we will respond under applicable law.
13) Mobile, App & PWA Terms
If you install our app or add our web app to your device, we grant you a limited license to install and use it on a device you own or control, solely for personal use. Do not copy, modify, reverse engineer, or distribute the app. Wireless charges and device rules apply. Updates may be automatically installed to maintain security and functionality.
14) Third-Party Services & Links
The Site may integrate with third-party services (e.g., payment processors, analytics, social media) and contain links to external sites. We are not responsible for their content, policies, or practices. Your use of third parties is governed by their terms. Vendors are independent from Tour of Africa Food Market; their products and policies are their responsibility.
15) Privacy & Communications
Our Privacy Policy explains how we collect and use personal information. By creating an account or placing an order, you consent to receive transactional emails, texts, or calls about your orders. Marketing communications require consent where required by law; you can opt out as described in the messages. By using the Site, you consent to electronic records and signatures for transactions and notices to the extent permitted by law.
16) Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED BY US IN WRITING, THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT DEFECTS WILL BE CORRECTED. THIS DISCLAIMER DOES NOT LIMIT WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
17) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUR OF AFRICA FOOD MARKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE OR PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM IN THE 3 MONTHS PRECEDING THE EVENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES; THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.
18) Indemnification
You agree to defend, indemnify, and hold harmless Tour of Africa Food Market and its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or products; (b) your breach of these Terms; (c) your User Content; or (d) your violation of laws or the rights of a third party.
19) Force Majeure
We are not responsible for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, extreme weather, natural disasters, epidemics, labor disputes, supply chain disruptions, utility failures, cyber incidents, or governmental actions.
20) Governing Law; Disputes
These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction and venue of state and federal courts located in Jackson County, Missouri, except that either party may seek injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Optional arbitration clause: If you prefer binding arbitration instead of court for most disputes, ask and I’ll provide a version with an arbitration agreement and small-claims exception.
21) Changes to Terms
We may update these Terms at any time. The “Last Updated” date will change when revisions are posted. Material changes may be announced by email or site notice. Your continued use after changes means you accept the updated Terms.
22) Severability; Waiver; Assignment
If any provision is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce a right is not a waiver. You may not assign your rights or obligations without our prior written consent; we may assign these Terms as part of a reorganization, merger, or asset transfer.
23) Entire Agreement & Priority
These Terms, together with incorporated policies and any order-specific confirmations, constitute the entire agreement between you and Tour of Africa Food Market regarding the Site and products and supersede prior or contemporaneous communications. In the event of conflict, order confirmation terms control for that order, then these Terms, then policy pages.
24) Contact
Tour of Africa Food Market 2313 S MO 291 HIGHWAY INDEPENDENCE, MO 64057 +1 (816) 207-7190 • support@toainternationalmarkets.com Hours: Monday–Sunday, 24 hours
