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.
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information on our Channels that contains typographical errors, inaccuracies, omissions or information that is simply out of date, that may relate to product descriptions, pricing, and availability.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.
Regarding the online shopping service platform (Click and Go, Standard and Express Delivery)
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 for delivery services and specific products may apply. See local conditions here.
About the credit card validation process for online shopping
This program is sponsored and conducted by PriceSmart Inc. And PriceSmart US Virgin Islands, and will be governed under the following conditions:
1. Program valid for PriceSmart US Virgin Islands.
2. This program consists of PriceSmart Inc. giving members access to free delivery on all orders for personal use, US$170 and up, placed online using the Standard delivery service, through www.pricesmart.com, from December 11 to December 24, 2023 inclusive. All orders placed on December 24, 2023 after 6:00 p.m. local time will be processed the next day with the corresponding regular shipping charges that are assigned when selecting the delivery option.
5. The free delivery offer is limited to orders placed for standard or home delivery during the promotional period even if delivery date is scheduled to be outside of the promotional period. The free delivery offer will apply to all orders unless an order item's aggregate value is greater than the applicable order value set within the country but greater than $500 USD (local equivalent) and/or is over 1.44m3 or they contain items of any price greater than the minimum order value but over the maximum value of $500 USD and/or is over 1.44m3. PriceSmart reserves the right to exclude these orders from the free delivery offering, if fraud is detected. Major appliances, electronics, fitness equipment, furniture, and TVs are included in the online free delivery benefit under the home delivery service, and are not to be excluded under the $500/1.44m3 criteria.
9. The program applies to all valid payment methods on www.pricesmart.com in this country.
10. The program does not apply to members with inactive or canceled PriceSmart memberships.
11. PriceSmart Inc. and PriceSmart US Virgin Islands will immediately suspend the program, without assuming any responsibility, at its discretion, if deemed necessary, if fraud is detected, including but not limited to alterations, substitutions or any other irregularity in the development of the program, use of the membership and in the receipt and processing of the determination in the payment registry.
For more information or to make any questions about this program, please contact our Member Service Department.
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.
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 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.
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.
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.
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.
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.
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.
(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.
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 PriceSmart (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Website.
We may allow access to or advertise certain third-party product or service providers (“Third Party Providers”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by a Third Party Provider. Third Party Providers are responsible for all aspects of order processing, fulfillment, billing and customer service of Third Party goods and services. We are not a party to the transactions entered into between you and Third Party Providers. You agree that use of or purchase from such Third Party Providers is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Our Privacy Statement, as it may change from time to time, is a part of this Agreement.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
This Site, and any documents issued by us and available through this Site, may contain forward-looking statements concerning the Company's operations, prospects, strategies, financial condition, plans and objectives, as well as anticipated future revenues and earnings, adequacy of future cash flow and related matters. These forward-looking statements include, but are not limited to, statements containing the words "expect," "believe," "will," "may," "should," "project," "estimate," "scheduled," and like expressions, and the negative thereof. These statements are subject to risks and uncertainties that could cause actual results to differ materially, including the following risks: the Company had substantial net losses in fiscal 2003, 2004 and 2005, and may continue to incur losses in future periods; the Company’s financial performance is dependent on international operations which exposes the Company to various risks; any failure by the Company to manage its widely dispersed operations could adversely affect the Company’s business; although the Company has taken and continues to take steps to improve significantly its internal controls, there may be material weaknesses or significant deficiencies that the Company has not yet identified; the Company faces significant competition; the Company faces difficulties in the shipment of and inherent risks in the importation of merchandise to its warehouse clubs; the Company is exposed to weather and other risks associated with international operations; declines in the economies of the countries in which the Company operates its warehouse clubs would harm its business; a few of the Company’s stockholders have control over the Company's voting stock, which will make it difficult to complete some corporate transactions without their support and may prevent a change in control; the loss of key personnel could harm the Company’s business; the Company is subject to volatility in foreign currency exchange; the Company faces the risk of exposure to product liability claims, a product recall and adverse publicity; a determination that the Company's long-lived or intangible assets have been impaired could adversely affect the Company's future results of operations and financial position; and the Company faces increased costs and compliance risks associated with compliance with Section 404 of the Sarbanes-Oxley Act of 2002; as well as the other risks detailed in the Company's SEC reports, including the Company's most recent Form 10-Q filed pursuant to the Securities Exchange Act of 1934. We assume no obligation and expressly disclaim any duty to update any forward-looking statement to reflect events or circumstances after the date of this presentation or to reflect the occurrence of unanticipated events.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
This Agreement shall be treated as though it were executed and performed according to the jurisdiction in which the membership used is active and shall be governed by and construed in accordance with such local laws (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver, express or implied, by us of any breach of or default under these Site terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Notwithstanding any of these terms and conditions, PriceSmart reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site terms. Upon termination, these Site terms shall still apply.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
30. Contact Us.
If you are experience difficulties in using the Site, please contact us:
1. Visit any of our Member Services desks in our warehouse club locations
2. Contact us at https://www.pricesmart.com/site/vi/en/contact-us
3. Write us at:
PSMT, LLC. Dba PriceSmart St. Thomas
4400 Estate Charlotte Amalie,
St. Thomas, USVI 00802
SCOPE: Content and framework
You provide and we obtain your personal information when:
· You provide information to us or interact with us or our affiliates;
· Use or interact with our Services;
· You are hired by PriceSmart under employment or any other relationship;
· You register or renew your PriceSmart membership;
· You purchase products or services at any of our clubs;
I. POLICY DEVELOPMENT
• Online user activity described in the next section.
• Biographical information when you inquire or apply for a position with us.
II. PURPOSES FOR THE PROCESSING OF PERSONAL DATA
a) The registration of personal information in PriceSmart systems.
b) The payment of contractual obligations.
f) Make the payment of social and contractual obligations.
g) Execute the contracts that have been signed with PriceSmart.
k) Support tax audit processes, external and internal audit.
m) Register the information of employees (active and inactive).
n) Register the information of members (active and inactive), including their financial information.
o) Register the information of suppliers (active and inactive) in the PriceSmart databases.
p) Process the orders and/or transactions of the members.
r) For the PriceSmart credit card granting and management program.
How we may share your information with:
How we protect your information
III. RIGHTS OF THE OWNERS
You, as an Owner, have the right to:
• Know, update and rectify your personal data.
• Revoke the authorization and/or request the deletion of the data.
• Free access to your personal data that has been processed.
IV. ADDITIONAL INFORMATION COLLECTED ONLINE AND RELATED SECURITY
When you visit our website, we may collect information that helps us recognize you as a member
Use of “cookies”:
V. PERIOD OF VALIDITY OF THE DATABASES AND THE PRIVACY OR DATA PROCESSING POLICY AND PRICESMART
Jurisdiction Specific Notices
Certain jurisdictions may grant additional rights to individuals with respect to the collection and use of the personal information we have collected. For example, you may have the right to request that: (i) we disclose to you any personal information we hold about you; (ii) correct or delete the personal information we have about you (subject to certain exceptions); or (iii) not disclose or sell your information to a third party (excluding qualified service providers).
VI. PETITIONS, INQUIRIES OR CLAIMS
Revised: May 10, 2023
Returns and Warranty Policies
Thirty (30) day return policy - Non-defective or undamaged merchandise: No returns on jewelry and watches. On any other product, PriceSmart will issue a full merchandise refund (with your original invoice) within thirty (30) calendar days of the delivery date. In the case of purchases made through pricesmart.com, PriceSmart will issue the refund only to the payment method used for the online purchase, within approximately 5 business days; the member must submit the order number of the return item in order to generate the refund. In all cases, the merchandise must be complete (including any manuals or accessories), unused and in its original unopened packaging with the factory seal intact. Merchandise damaged or altered by the member and perishable items cannot be returned. The member must submit the original PriceSmart purchase invoice or the order number, in the case of purchases from pricesmart.com, at the time of requesting a refund.
Defective & Damaged Merchandise: Items that do not work on first use may be returned to PriceSmart for a full refund within thirty (30*) days after the date the merchandise was received. Items altered or damaged through misuse by the member, accidents, fire, and flooding, natural disasters while in possession of the member, or which fail due to being used in voltage or circuits for which it is not designed, or by voltage fluctuations cannot be returned and are not covered by the warranty. The member must submit the original PriceSmart purchase invoice or the order number, in the case of purchases from pricesmart.com, at the time of requesting a refund.
Warranty & Repair: Items that fail after thirty (30*) days after purchase and that are within the manufacturer's warranty period will be repaired or refunded at the sole discretion of PriceSmart. The member must present the original receipt to PriceSmart when requesting a refund or repair. Items altered or damaged through misuse by the member, accidents, fire, and flooding, natural disasters while in possession of the member, or which fails due to being used in voltage or circuits for which it is not designed, or by voltage fluctuations, cannot be returned and are not covered by the warranty. Some brands that PriceSmart sells have service clubs and workshops within a member country. In this case, the service club/workshop will cover the warranty directly. The member must take the item directly to their service workshops. Please consult the repair procedure when removing the article from the club. Any item that the member wants to return for other reasons should be taken to the nearest club. PriceSmart does not have a service to pick up returns.
a. Reward Accrual
7. The Reward in the amount of 2% will be earned independently of the method of payment used.
b. Redemption Period
c. Redemption Eligibility
d. Platinum Membership General Terms
Changes to Agreement
1. USE OF THE APP
2. THIRD PARTY PRODUCTS AND SERVICES
5. LIMITATION OF LIABILITY
6. GENERAL TERMS
7. APPLICABLE LAW