FreshPack Terms & Conditions

TERMS OF SERVICE

By accessing or using the FreshPack platform—including opening a user account or downloading and using our app—you are deemed to have accepted these Terms of Service, including any annexes and future revisions. Please read them carefully.

If you are using the FreshPack platform on behalf of a company, partnership, association, government agency, or other organization (“Entity”), you affirm that you are authorized to represent the Entity, and that the Entity agrees to these Terms. In this case, "User" refers to your organization.

You must be at least 18 years old to use our services. If under the legal age, your parent or legal guardian must accept these Terms on your behalf.

FreshPack will verify age eligibility for purchasing alcohol, tobacco, or vaping products based on your provided personal information. These products will not be sold to users under the age of 21.

You may choose not to accept the Terms, in which case FreshPack will be unable to provide any service.

GENERAL CONDITIONS

FreshPack is the official platform of Fresh Pack LLC and governs all relationships involving service usage, product purchases, delivery, and distribution.
Fresh Pack LLC is not responsible for third-party product warrenties.
FreshPack only facilitates digital access to merchant product information and online purchasing.
Users must read and agree to these Terms before registering or using FreshPack. Activating “I Agree” confirms full acceptance. Even if a user agrees without fully reading or understanding due to negligence, the action is legally binding and cannot be used as grounds for exemption from obligations.
"FreshPack" platform's source code, characters, name, logo, and other designs are the property of Fresh Pack LLC in accordance with the Intellectual Property Law, the Copyright Law, and the Law on Trademarks and Geographical Indications of Mongolia, and other parties are prohibited from copying, reproducing, imitating, or using them without permission. If any violation of this provision is detected, Fresh Pack LLC will claim all damages and losses incurred and take legal action in accordance with the law.
Under these Terms of Service, the following terms shall be understood with the meanings as described below:

FreshPack – The platform providing online shopping services;
Customer – A legally capable individual utilizing the services of “FreshPack”;
Merchant – A legal entity or individual with the official right to sell products and provide services;
Shopper – An employee of Fresh Pack LLC responsible for fulfilling or collecting and preparing Customer orders;
Delivery Personnel – An employee or subcontractor of Fresh Pack LLC responsible for delivering Customer orders;
FreshPack Wallet – A payment instrument within the “FreshPack” platform used for transferring refunds arising from order cancellations or payment discrepancies, as well as for loading gift cards.

2. USER REGISTRATION

2.1 To register as a user on the FreshPack platform, you must provide your personal information including your surname, given name, date of birth, gender, and phone number. This information will be used to create your user account.
2.2 The user is fully responsible for the accuracy of the information provided. If incorrect or false information is submitted, the user will solely bear any resulting damages or costs. During registration, the phone number will be verified using a one-time password (OTP), and after successful registration, the user must create a new password and ensure the security of their account information.
2.3 The user must not share their registered phone number and password used for accessing FreshPack with others and must take preventive measures to avoid any related risks. Fresh Pack LLC will not be held responsible for any damages caused to the user or others due to failure or inadequate performance of this obligation.
2.4 Provisions related to the security of personal data handled by Fresh Pack LLC are governed under Section 11 (Privacy) of these Terms.
2.5 Upon successful registration on FreshPack, users are granted the rights to place product orders, make payments, and monitor order status.
2.6 When a user places an order, they are obligated to accept the product in accordance with the terms of service.
2.7 FreshPack users will receive promotional campaigns, advertisements, and additional service notifications via the platform’s notifications section. If a user wishes to opt out of such notifications, they may disable them through the “Settings” menu under “Notifications.”

3. ORDER PLACEMENT AND CONFIRMATION

3.1 The user is responsible for thoroughly reviewing the product and service information and carefully confirming the order.
3.2 An order is considered confirmed only after the user completes full payment within 24 hours of order placement.
3.3 If payment is not made within 24 hours, the order will be automatically canceled. Canceled orders cannot be restored, but the user may place a new order.
3.4 Fresh Pack LLC will not be held liable for any damages or consequences resulting from the user’s failure to pay within the 24-hour period. In the event that a product is unavailable due to the merchant’s circumstances, the user will be promptly informed. However, Fresh Pack LLC is not responsible for issues related to the merchant.
3.5 When confirming the order, the user must select the delivery date and time and accurately provide the delivery address.

4. PAYMENT

4.1 An order is considered confirmed once the user has completed full payment.
4.2 If the order payment is not completed within 24 hours, the order will be automatically canceled.
4.3 The user is responsible for thoroughly reviewing the product and service information before placing the order. Once the Shopper has started preparing the order, it cannot be canceled.
4.4 If the user cancels the order before the Shopper begins preparation, a 1% bank transaction fee will be deducted, and the remaining amount will be refunded to the user’s Wallet on the FreshPack platform. The user may then transfer the funds from the FreshPack Wallet to their bank account.
4.5 If the ordered product is out of stock at the Merchant’s location, the Shopper will offer a replacement item. Any additional payment required due to the replacement must be covered by the user. In the case of overpayment, the difference will be refunded to the user’s Wallet on the FreshPack platform.

5. PAYMENT RECEIPT

5.1 The user may receive a VAT receipt for their order either under their individual name or under a business entity.
5.2 Once the order has been successfully delivered, the VAT receipt will be recorded and made available in the Order History section.

6. PRODUCT SUBSTITUTION CONDITIONS

6.1 If the ordered product is unavailable at the Merchant’s location, the Customer Service Center will contact the user to offer a substitute. If the user does not respond to the call or chat, the Shopper may cancel the unavailable item.
6.2 If the user agrees to a higher-priced substitute, an invoice will be sent via the FreshPack platform. If the user does not pay the invoice before delivery, the Shopper may refuse to hand over the order.
6.3 If the user receives a lower-priced substitute, the price difference will be refunded to the user's Wallet on the FreshPack platform. The user may transfer the Wallet balance to their bank account.

7. DELIVERY

7.1 After payment is completed and confirmed, Fresh Pack LLC is responsible for delivering the order to the user’s specified address and time, within the geographic limitations defined in these Terms.
7.2 Delivery within the city is limited to the following zones in Ulaanbaatar:

Southern boundary: Zaisan;
Northern boundary: 32nd Circle;
Western boundary: 21st Khoroolol;
Eastern boundary: Officer’s Circle;
Southwest: Buyant-Ukhaa Residential Area.

7.3 There are two delivery options: express and scheduled. The user must select the preferred option and enter it correctly when placing an order.
7.4 Scheduled delivery will occur at the user’s selected date and time.
7.5 Express delivery time is calculated from the moment the order is confirmed:

Meals: 60–90 minutes
Other product categories: 90–120 minutes

7.6 The user is responsible for entering a correct delivery address and contact number. Any cost or loss due to incorrect information will be the user's responsibility.
7.7 Delivery fees vary by product category:

Meals, Desserts, Grocery Store: 8,800₮
Groceries: 12,500₮
Bulk, Meat: 6,000₮

7.8 The above rates apply within 2 km of the delivery location. Additional charges will apply for distances over 2 km or based on total product weight.
7.9 An additional charge applies for express delivery based on product category:

Meals, Desserts, Grocery Store: 1,100₮
Groceries, Bulk, Meat: 1,200₮

7.10 If a user requests delivery to a different location than initially specified, a fee of 1,800₮ per additional kilometer will be applied.
7.11 If the order includes alcohol, intoxicating beverages, or electronic cigarettes, the delivery staff must verify the user's ID in accordance with applicable laws on alcohol and tobacco control. Delivery will be refused if the user is under 21 or refuses ID verification.
7.12 If delivery is denied based on Clause 7.11, the product amount will be refunded to the user’s Wallet, excluding the delivery fee.
7.13 Users must comply with legal and respectful behavior toward delivery staff. Verbal abuse, threats, or physical harm will result in legal consequences under applicable Mongolian law.
7.14 Order tracking is available in the “Orders” section of the FreshPack platform.
7.15 In case of force majeure, quarantine restrictions, road maintenance, or government regulations, delivery times may be delayed, and orders may be postponed according to applicable rules and procedures until normal operations resume.

8. PRODUCT RETURN CONDITIONS

8.1 Users have the right to return or exchange products if the quantity differs from the order, the product is expired, or if there are quality issues such as changes in taste, texture, or appearance.
8.2 If the user wishes to return or exchange a product received via delivery, they must submit a request within 24 hours of receiving the product.
8.3 Requests must be submitted by calling Customer Service at 7777-5020 or by emailing info@freshpack.mn.
8.4 The user may be asked to provide photo evidence to support the request. If the product is confirmed to be damaged or defective, the return or exchange will be processed accordingly.
8.5 If a product is substituted due to stock shortages during order preparation and the user gave prior approval via the Customer Service Center, that item is not eligible for return or exchange.
8.6 Refunds for returned items will be credited to the user’s Wallet on the FreshPack platform within 72 hours. The user can then transfer the funds from the Wallet to their bank account.

9. USER COMPLAINTS AND DISPUTE RESOLUTION

9.1 Users have the right to submit feedback or complaints related to FreshPack’s operations. Such requests can be submitted by calling the Customer Service hotline at 7777-5020 or emailing info@freshpack.mn.
9.2 FreshPack will receive the user’s complaint or feedback, forward it to the relevant department, investigate the issue, and take appropriate action. If the user is dissatisfied with the response or resolution, they may seek legal remedy through the courts of Mongolia.

10. USER RESPONSIBILITIES

10.1 When registering, the user must provide accurate information, including their current phone number. If the phone number changes, the user must update it via the “Settings” menu.
10.2 The user is solely responsible for the security of their account information and transaction details.
10.3 Unless expressly authorized by us, the user is not permitted to use FreshPack’s copyrights, trademarks, domain names, logos, trade dress, trade secrets, patents, or other intellectual property rights.

11. PRIVACY

11.1 These Terms have been developed in accordance with the Personal Privacy Law, Corporate Secrecy Law of Mongolia, and other relevant domestic laws, international treaties, agreements, and regulations. These Terms shall be governed by those legal instruments.
11.2 We collect the following personal information for user registration: surname, given name, date of birth, gender, and phone number.
11.3 We may collect your information from third parties such as government service providers and financial institutions based on legally permitted agreements. This helps us facilitate identity verification, improve services, and ease your interactions with us.
11.4 We use your personal information solely for identity verification, service provision through FreshPack, and compliance with legal obligations and regulatory requirements.
11.5 We use your personal data for the following purposes:

11.5.1 Creating your account;
11.5.2 Identity verification;
11.5.3 Opening, using, recharging, and making transactions with your Wallet; obtaining Wallet statements and information;
11.5.4 Placing orders;
11.5.5 Maintaining the security and confidentiality of your account and Wallet;
11.5.6 Receiving and resolving your feedback or complaints;
11.5.7 Communicating with you;
11.5.8 Complying with tax, criminal, and violation laws and preventing offenses;
11.5.9 Recommending new products or services from FreshPack or third parties;
11.5.10 Conducting market research (your personal data will remain confidential unless prior consent is given);
11.5.11 Cooperating with regulatory authorities to meet legal obligations;
11.5.12 Providing other related services.

11.6 We are obligated to retain your personal data for the period defined by Mongolian law.
11.7 FreshPack services are available only to individuals aged 18 or older. We do not collect, use, or store data from minors. If a user registers using false information, the account will be terminated and appropriate action taken.
11.8 We may collect data such as your computer, IP address, operating system, and browser details. This information is used solely for ensuring compliance, and protecting the security and confidentiality of your account and Wallet, as permitted or required by law.
11.9 To improve the user interface, FreshPack collects and uses cookies in accordance with its approved Cookie Policy.
11.10 If a system error occurs while using the service, we may collect Log Data (via third-party tools) from your device, including IP address, device name, OS, app settings, usage time, and other statistics.
11.11 When you install, log in, or use our services, we may collect technical data such as hardware info, OS, browser data, IP address, phone number, and device identifiers. If you use location-based services (e.g. sharing your location with others), we may access your device’s location data to troubleshoot or resolve location-based issues.
11.12 You may delete your FreshPack account at any time through the in-app account deletion feature. Once deleted, any undelivered messages and unnecessary service data will be erased from our servers. If you uninstall the app without deleting your account, your data may be stored for a longer period. Deleting your account does not affect messages previously sent to other users.
11.13 We may disclose your personal data to third parties without prior notice or consent if required by law or competent authorities. For all other cases, we will notify you and obtain your consent before disclosure.
11.14 We value the personal information you entrust to us and will take all reasonable efforts to protect it.

12. DISCLAIMER OF LIABILITY

12.1 FreshPack shall not be held liable for any advertisements, information, or risks related to the quality or usage of products sold through the platform that are provided by third-party organizations.

13. MISCELLANEOUS

13.1 FreshPack reserves the right to amend these Terms of Service. Any changes will be publicly posted on the FreshPack platform and will become effective from the date of publication. Users are responsible for reviewing the Terms regularly.
13.2 If the Terms of Service change after an order has been placed but before it has been delivered, the Terms that were in effect at the time of order placement shall remain valid until the order is fulfilled.