Términos de venta

Esta página solo está disponible en inglés. El texto en inglés es el que se aplica.

These Terms apply to every Order placed and every Ride booked on mercadobon.com and in the MercadoBon apps. By placing an Order or booking a Ride you accept them. The Refund & Returns Policy, Delivery & Collection Policy and Privacy Policy form part of them. Businesses that sell on MercadoBon also agree to the Seller Terms & Conditions.

1. Who is who

MercadoBon is operated by PhaseShift Technologies B.V., from Bonaire, Caribbean Netherlands. Its company details and how to reach it are at the end of this page and in the Legal Notice.

The MercadoBon apps on Google Play and the App Store are published by FMGH LLC (United States), which owns and develops the MercadoBon software. FMGH LLC is not a party to an Order or to these Terms: whoever installed the app from a store, PhaseShift Technologies B.V. operates MercadoBon and is the party these Terms mean by MercadoBon.

Three different parties appear in these Terms, and they are not the same as each other. The words below carry the meaning given here wherever they are capitalised.

2. What MercadoBon is

MercadoBon is an online marketplace. Sellers list their own products at their own prices. MercadoBon runs the Platform, passes each Order to its Seller, arranges delivery where the Buyer chooses a Delivery Partner, and handles the Buyer's questions, claims and refunds.

Each Seller sells the Buyer their own goods. The contract of sale for the goods or services is between the Buyer and that Seller. The Seller is responsible for what they sell: that it matches the listing, is of satisfactory quality, is safe, and may lawfully be sold. MercadoBon does not own those goods and is not the seller of them.

One basket, one Order per Seller. A basket can hold items from several Sellers. When you place it, it becomes one Order for each Seller. Each Seller confirms, prepares and delivers their own Order separately, so you may receive several deliveries at different times — and when you pay online, each Seller's Order is a separate payment (section 6).

3. Your account

You need a free MercadoBon Buyer account to place or follow an Order. MercadoBon does not offer guest checkout: the account is where you see your Orders, what you paid and what was refunded, and how MercadoBon reaches you about them.

Give accurate details and keep your password to yourself. You are responsible for Orders placed from your account. Tell MercadoBon straight away if you think someone else has access to it.

You must be 18 or older to place an Order.

You can delete your account at any time, in the MercadoBon app or on the website under Account → Profile, once no Order of yours is still in progress. What is removed and what is kept is set out in section 8 of the Privacy Policy.

A Seller's account and a Driver's account are separate from a Buyer account, and are governed by the Seller Terms or by that person's own agreement with MercadoBon or a Delivery Partner rather than by this section.

4. Where MercadoBon sells, and restricted products

MercadoBon sells on Bonaire only, and Orders are delivered on Bonaire only. MercadoBon does not ship off the island and does not export goods. An Order for delivery outside Bonaire is cancelled.

Some products may only be sold to adults, such as alcohol and tobacco. The Seller or the Driver may ask the Buyer for identification and will not hand these products to anyone who is under 18 or cannot show ID. Items that cannot be handed over for this reason are cancelled and not charged, or refunded if the Buyer has already paid for them.

Sellers may only list goods and services they are allowed to sell on Bonaire.

5. Prices and currency

All prices are in US dollars (USD), the currency used on Bonaire, and include any ABB (general spending tax) the Seller charges.

Some products have both a retail and a wholesale price. Wholesale prices are open to every Buyer; a Seller may set a minimum quantity for them, shown on the product.

Delivery fees are separate from product prices. They are shown at checkout before you place your Order; see the Delivery & Collection Policy.

Sellers set their own prices. The price that applies is the one shown when you place your Order. If a listing shows an obviously wrong price — a misplaced decimal, an item at a small fraction of its value — the Seller may reject the Order rather than fulfil it, and you are not charged for it.

6. How ordering and paying work

1. You place your Order and pay for it. Where you pay online by card, the payment is taken when you place the basket, for the total checkout showed you.
2. Each Seller responds quickly — a restaurant within 15 minutes, every other Seller within 1.5 hours. The Seller confirms all of their Order, confirms part of it (usually because something is out of stock), or rejects it. A Seller who is out of a side, topping or extra you chose may instead propose to swap it for another option from the same choice, or to leave it out; you accept, have it left out or drop the dish, and without an answer within 10 minutes the change goes ahead as proposed. A change never costs you more, and anything you no longer get is refunded as the Refund & Returns Policy describes. MercadoBon tells you each time a Seller responds. If a Seller does not respond in that time, their Order is cancelled. An Order placed while a Seller is closed is a pre-order: you can fill your basket and check out at any hour, and that Seller's time to respond starts when they next open, not when you placed it. An Order booked for a later time or day may be confirmed until two hours before the delivery or collection time you chose (or, if you chose only a day, the time the Seller opens that day), and never in less than the time above. If the Seller has not responded by then, the Order is cancelled and refunded. You can cancel it yourself, for a full refund, at any time before the Seller confirms.
3. Anything a Seller does not confirm is refunded to you. An Order a Seller rejects, an Order that expires unanswered, an Order you cancelled before that Seller confirmed, and the items dropped from a partial confirmation are all refunded. You are never left paying for something you were not sold.
4. What a Seller confirms is sold. A Seller's confirmation is that Seller's acceptance of your Order, and from that moment the Order is theirs to prepare and yours to receive. Section 8 says what happens if you want to cancel after that; section 9 covers an Order that goes wrong.
5. The Seller prepares the Order, and it is delivered or ready for you to collect.

The delivery fees shown at checkout never go up, and a Seller confirming only part of your Order does not raise them.

One basket is paid one way. You choose a single payment method for the whole basket at checkout, even when it holds items from several Sellers, and the total for that choice is shown before you place the Order. Which methods you can choose from depends on the Sellers in the basket and on how the Order is handed over.

Paying online by card

Where checkout offers online card payment:

• You are charged when you place your Order, for the basket you placed and for no more than the total checkout showed you. You are not charged again later.
• A card fee of 4.4% plus $0.30 — what MercadoBon's payment provider charges for the card payment — is added once to the basket total, on the goods and any delivery fee, and is shown as its own line at checkout before you place the Order. No other payment method carries a fee from MercadoBon.
• One charge, then refunds as the Sellers answer. A basket that holds items from several Sellers is charged once. Each Seller's Order is then settled on its own, so a refund can reach you in more than one piece, and refunds for the Orders that were not confirmed are issued as each Seller answers — at the latest when their confirmation window runs out.
• You pay PhaseShift Technologies B.V., the company that operates MercadoBon, and not the Seller. PhaseShift Technologies B.V. passes the Seller their share once the Order is confirmed, and issues any refund of an online payment itself. The charge on your card statement shows MercadoBon or PhaseShift Technologies B.V.
• Your card details stay with MercadoBon's payment provider. You enter them on the provider's own secure payment page. They never reach MercadoBon's systems, and neither MercadoBon nor the Seller ever sees or stores your card number, expiry date or security code.
• Keep a copy of every payment confirmation and every refund confirmation for your records. Each shows the date, the amount and the Order it belongs to. Your account also lists all your Orders with their dates and amounts.

Paying by local bank transfer

• Paid before the Order goes to the Seller. Where every Order in the basket is delivered, checkout can offer an instant transfer from a bank on Aruba, Bonaire or Curaçao (such as MCB, Orco, RBC or Banco di Caribe) to an account MercadoBon names: the Delivery Partner's or MercadoBon's own. Where both are offered, you choose which. After you place the basket you are shown the account, the exact amount and a reference to put on the transfer. Once you have sent it, the holder of that account checks that the money arrived, and only then is the Order passed to the Seller. Until then nothing is ordered: if the account holder does not confirm the transfer, you can check it and ask again, or pay another way. No fee applies.
• Where the money goes. MercadoBon, or the Delivery Partner for MercadoBon, receives the payment, and the Seller is paid their share as with any other Order.

A transfer from a bank outside Bonaire, Curaçao and Aruba is not accepted. With a bank abroad, you pay by card online.

Paying at the door

• Cash. You pay when the Order arrives. Nothing is charged before then. At checkout you can tap the notes you plan to hand over so the Driver has the right change; that is a courtesy, not a payment, and what you owe is always the Order total.
• When you collect. An Order you collect from the Seller is paid as if you had bought in the Seller's shop: at its counter, with whatever that Seller takes in person (cash, card on the Seller's own terminal, or, with a wholesale Seller, on account). Checkout shows what the Seller takes. Paying by card at the counter carries no card fee. You may instead pay MercadoBon online by card at checkout, with the card fee, and just show your Order at the counter. A method is offered for a basket only when every Seller you collect from in it takes it, and card at the counter only when everything in the basket is collected.
• Not while the Delivery Partner is not delivering. When no Driver is available and checkout offers no delivery by the Delivery Partner, every basket is paid online by card (or, with a wholesale Seller, on account). Cash and local bank transfer are not offered then, including for a Seller's own delivery; paying at the Seller's counter stays when everything in the basket is collected.

With cash you pay for the Order as it is handed to you, nothing is charged in advance, and no card fee applies. Cash a Driver collects for a Seller's Order is settled between that Seller and PhaseShift Technologies B.V.; it changes nothing for you, and the Order is paid either way.

Paying a Seller on account

A wholesale Seller may let its trade customers pay on account. It is never open to every Buyer: you ask that Seller for a trade account, from checkout or from your account page, and the Seller decides whether to open one for you and on what terms — how many days you have to pay each Order, and the most you may owe it at once. Until the Seller approves your account, and while what you already owe it leaves too little credit for a new Order, On account is not offered for that Seller. A Seller may change your terms for future Orders, or close the account; Orders already placed on account stay payable on the terms they were placed under. No other kind of Seller offers it, and MercadoBon is not party to those terms and does not collect on them.

7. Getting your Order

Each Seller offers one or more of these:

• Self pickup — you collect the Order from the Seller.
• Seller delivery — the Seller delivers it, in their own area and on their own delivery days, and that delivery is the Seller's responsibility.
• A Delivery Partner — MercadoBon arranges the delivery and charges its fee, and the Delivery Partner carries it out and is responsible for that delivery. Checkout shows the Delivery Partner by name.

Whoever makes a delivery is responsible for it, including a delivery that fails, comes late, or loses or damages the Order on the way through no fault of the Buyer. MercadoBon makes no deliveries itself.

Fees, areas, timing and what happens if nobody is home are in the Delivery & Collection Policy.

To record that an Order reached the Buyer, the Driver may ask for the delivery code shown on the Order in the MercadoBon app, or photograph the delivered Order. Only the Buyer can see that code. Share it only with the person handing you your Order.

8. Cancelling or changing an Order

Before a Seller confirms, you can cancel that Seller's Order yourself, from the Order in your account. What you paid for it is refunded in full, and so is its delivery fee.

Once a Seller confirms, the Order is sold, and you no longer have a right to cancel it — the Seller has committed their stock, their kitchen or their time to it on the strength of that confirmation. If you no longer want a confirmed Order, message MercadoBon straight away. If the Seller has not started on it, MercadoBon will ask them and refund you in full where they agree, but neither MercadoBon nor the Seller is obliged to agree. This does not touch section 9: an Order that arrives damaged or wrong, or does not arrive, is refunded whether or not it was confirmed.

If MercadoBon or the Seller cancels a confirmed Order — stock that turned out not to be there, a kitchen that cannot cook it, a delivery that cannot be made — you are refunded in full. You are never charged for an Order you do not receive.

You cannot change an Order after placing it. Cancel it while no Seller has confirmed it and place a new one, or message MercadoBon.

EU withdrawal rights do not apply. Bonaire is part of the Caribbean Netherlands and outside the European Union, so the EU's 14-day right of withdrawal for online purchases does not apply to Orders here. The rights in these Terms and in the Refund & Returns Policy are what the Buyer has, and they are written to be fair rather than minimal.

9. Refunds and claims

If an Order arrives damaged or wrong, or does not arrive at all, raise a claim on the Order in your account. The deadlines are 24 hours for food and anything perishable, and 72 hours for other goods and for an Order that never arrived. What MercadoBon needs from the Buyer, how it decides and how refunds are paid are in the Refund & Returns Policy.

10. Your conduct

Do not use MercadoBon to break the law, to defraud MercadoBon or a Seller, or to harass anyone. In particular, do not:

• place Orders you do not intend to pay for or collect;
• raise claims you know to be untrue, or claim for items you received as ordered;
• use someone else's payment method without their permission;
• copy or scrape the site, resell MercadoBon's data, or try to get into other people's accounts or Orders;
• abuse Sellers, Drivers or MercadoBon's staff.

Where MercadoBon reasonably believes this is happening, it may refuse an Order, limit the account to collection only, hold a refund while it investigates, or close the account. Where it can, MercadoBon says why and gives the Buyer a chance to respond.

11. Reviews

You can review Sellers and products you have bought from. Keep it honest and about your Order. MercadoBon removes reviews that are abusive, untrue or off-topic, or written to manipulate a rating.

By posting a review you allow MercadoBon to show it on the Platform, with your first name and the initial of your last name, for as long as the listing exists. A Seller may not pressure a Buyer over a review; tell MercadoBon if one does.

12. MercadoBon's responsibility, and its limits

MercadoBon is responsible for running the Platform and for handling online payments and their refunds correctly.

MercadoBon does not make the goods and does not inspect every product before it is listed; the Seller is responsible for them, as set out in section 2.

MercadoBon does not make deliveries either. A delivery by a Delivery Partner is that Delivery Partner's responsibility, and a Seller's own delivery is the Seller's, as set out in section 7.

Where a Seller or a Delivery Partner is at fault, MercadoBon still decides the Buyer's claim and sees that the Buyer is refunded under the Refund & Returns Policy. The Buyer does not have to chase the Seller or the Delivery Partner.

Where the law allows liability to be limited, MercadoBon's total liability to the Buyer for an Order is limited to what the Buyer paid for it. MercadoBon is not liable for indirect or consequential loss — lost profit, lost time, a spoiled occasion — arising from an Order.

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

MercadoBon does not promise that the site will always be available or free of errors.

13. Things outside MercadoBon's control

Neither MercadoBon, a Seller nor a Delivery Partner is responsible for failing to deliver, or for a delay, caused by something outside their reasonable control — a hurricane or tropical storm, flooding, a power or internet outage, a fuel or supply shortage, a strike, a shipping disruption or an act of government. On an island supplied by sea, this is a real risk. If it happens MercadoBon tells the Buyer, and if the Order cannot be delivered within a reasonable time, anything the Buyer paid for it is refunded in full.

14. Your personal data

What MercadoBon collects, why, how long it is kept and what the Buyer can ask for is in the Privacy Policy. That policy also covers what a Seller and a Driver receive about the Buyer, on an Order and on a Ride, and the limits on what they may do with it.

15. Changes to these Terms

MercadoBon may change these Terms. The version that applies to an Order is the one published when it was placed; the date at the top of this page shows when it last changed. Material changes are announced on the site at least 14 days before they take effect.

16. Law and disputes

These Terms are governed by the law that applies on Bonaire (Caribbean Netherlands). Disputes go to the competent court on Bonaire.

Please talk to MercadoBon first. Almost everything is quicker to fix directly than through a bank or a court. Message MercadoBon on WhatsApp at +599 785 5159 or email felix@mercadobon.com, and it replies within two business days.

17. Rides

MercadoBon may offer Rides on Bonaire, on the website and in the MercadoBon apps. Where it does, this section applies to every Ride, and sections 3, 10, 13, 14, 15 and 16 apply to Rides as they do to Orders. Sections 4 to 9, 11 and 12 are about Orders and do not apply to a Ride, except where this section says so. Rides are only offered while a Driver who can take one is available; MercadoBon does not promise that a Ride will be available when you want one.

Who carries you

MercadoBon connects the Buyer with a Driver; it does not carry passengers. Every Ride is carried out by a Driver working for a Delivery Partner, and that Delivery Partner is the carrier: the contract for the trip is between the Buyer and the Delivery Partner, and the Delivery Partner is responsible for the Ride — for its Driver, the vehicle, its licence and insurance to carry passengers, and getting the passengers to the drop-off. MercadoBon does not own the vehicles or employ the Drivers, and it is not the carrier.

A Ride goes to a Driver whom MercadoBon has cleared to carry passengers for their Delivery Partner. Once a Driver accepts the Ride, its page shows the Driver's first name, their Delivery Partner, the vehicle and its plate.

Booking and the fare

• You choose where the Ride starts and ends — an area, and where offered a pin on the map — and how many passengers are travelling. Pickup and drop-off are on Bonaire only.
• The fare is shown before you book, in US dollars, and the fare shown when you book is the fare for that Ride. It does not change on the way, and nothing about a Ride is charged in advance.
• Where you place a pin, the fare is worked out from where the pin is, not from the area you chose, because the Driver goes to the pin.
• You book for yourself and for the passengers you add, and you are responsible for them during the Ride. The vehicle must have a seat for each of them.

Paying for a Ride

A Ride is paid in cash, to the Driver, at the end of the trip. The Driver collects the fare for their Delivery Partner. The fare is not paid to MercadoBon and is not refunded by MercadoBon; a question about a fare already paid is settled with the Delivery Partner, and MercadoBon helps where it can. Card payment is not offered for Rides.

Getting in

When the Driver arrives you are told on the Ride's page. Before getting in, check that the Driver's first name, the vehicle and the plate match the Ride's page. Then show the Driver the Ride's PIN or its QR code: that is how the Driver knows they are picking up the right person. Share the PIN only with the Driver at the vehicle.

Cancelling a Ride

You can cancel a Ride from its page at any time until you get in. Once you are in the vehicle the Ride can no longer be cancelled from MercadoBon; ask the Driver to stop, or message MercadoBon.

A Driver may hand a Ride back before you get in. It then goes to the other Drivers who could take it. If no Driver accepts it, or none is available, the Ride ends and you are told; it costs you nothing. MercadoBon may also cancel a Ride, for example for safety, and you are told why.

MercadoBon does not currently charge a fee for cancelling a Ride or for a no-show. If that changes, the fee will be shown before you book, and the change will be announced under section 15.

If you are not there

Once the Driver has arrived, they wait for you at the pickup. If you have not got in 5 minutes after the Driver arrived, the Driver may record a no-show and leave, and the Ride ends. Book a new Ride if you still need one.

Conduct and lost property

Section 10 applies to Rides too. Treat the Driver and the vehicle with respect, wear a seatbelt where one is fitted, and do not ask the Driver to break traffic law or carry more passengers than were booked. A Driver may refuse or end a Ride where a passenger puts the Driver, the vehicle or other people at risk. MercadoBon may suspend Rides for an account that repeatedly does not show up or behaves this way.

If you leave something in the vehicle, message MercadoBon: it passes the message to the Driver's Delivery Partner, which keeps lost property and arranges its return. Neither MercadoBon nor the Delivery Partner is responsible for items left behind.

Complaints and responsibility

Tell MercadoBon about anything that went wrong on a Ride, on WhatsApp or by email, as in section 16. MercadoBon passes the complaint to the Delivery Partner, follows it up and tells you the outcome, and may stop a Driver from receiving Rides.

The Delivery Partner is responsible for the Ride, as the carrier. MercadoBon's part is running the booking on the Platform, and it is responsible only for that. Nothing in this section limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.