Delivery & fulfillment policy
CMARKET LTD. – DELIVERY & FULFILLMENT POLICY
Province of British Columbia, Canada
Effective Date: February 20, 2026
Status: Binding Operational & Risk Allocation Policy
This Policy forms an integral part of the Customer Terms of Use and Master Vendor Agreement. In the event of conflict, the stricter risk-allocation provision shall prevail.
1. PLATFORM STATUS & ROLE
1.1 Intermediary Capacity
CMarket Ltd. operates solely as a digital marketplace and technical intermediary.
CMarket Ltd.:
does not take title to goods
does not physically possess goods
does not act as shipper, carrier, warehouseman, or bailee
is not the Merchant of Record for delivery services
1.2 Independent Delivery Responsibility
All preparation, packaging, transportation, and delivery are the sole responsibility of the Vendor or the Vendor’s chosen delivery agent.
1.3 No Supervision or Control
CMarket Ltd. does not supervise, control, or manage delivery personnel.
2. DELIVERY WINDOWS & ESTIMATES
2.1 Estimated Only
All delivery or pickup windows are non-binding estimates.
2.2 No Time-of-the-Essence
Time shall not be deemed of the essence unless expressly agreed in writing for a premium service tier.
2.3 Dynamic Variables
Delivery may be affected by:
traffic conditions (including Highway 1 and Lower Mainland congestion)
weather events (including atmospheric rivers, snow, wildfire smoke)
vendor workload
third-party courier delays
2.4 No Consequential Damages
Customers waive claims for indirect or consequential losses arising from delay (e.g., missed events, lost income, inconvenience).
3. CUSTOMER OBLIGATIONS (MANDATORY)
3.1 Accurate Information
Customer must provide accurate:
full address
buzzer code (if applicable)
unit number
reachable phone number
3.2 Reachability Rule
Customer must remain reachable for at least 60 minutes surrounding the delivery window.
3.3 Access Responsibility
Customer must ensure:
safe and legal access to the property
unobstructed entry
functioning intercom systems
Failure to comply may result in delivery being deemed completed.
4. PROOF OF DELIVERY (dPoD STANDARD)
4.1 Digital Proof of Delivery (dPoD)
A timestamped delivery photograph and/or platform GPS log shall constitute prima facie evidence of delivery.
4.2 Rebuttal Standard
If dPoD exists, the burden shifts to the Customer to provide credible third-party evidence of non-delivery.
4.3 Contactless Delivery Default
Unless “Signature Required” is explicitly selected, delivery may be completed by leaving the order at:
front door
lobby
concierge desk
designated safe drop location
5. TRANSFER OF RISK
5.1 Moment of Transfer
Risk of loss, theft, damage, contamination, or spoilage transfers to the Customer immediately upon:
documented delivery completion, OR
expiration of pickup window.
5.2 Theft / Porch Piracy Exclusion
Neither Vendor nor CMarket Ltd. is responsible for theft or third-party interference occurring after delivery completion.
6. FAILED DELIVERY & UNREACHABLE CUSTOMER
6.1 Double Attempt Rule
Vendor must attempt contact at least two (2) times.
6.2 Waiting Period
Vendor may wait approximately five (5) minutes before marking delivery complete.
6.3 Deemed Fulfilled Standard
If Customer is unreachable and delivery is safely left with documentation, the order shall be deemed fulfilled.
No refund is guaranteed in such cases.
7. PICKUP ORDERS & ABANDONMENT
7.1 Pickup Window
Customers must collect orders within Vendor-specified timeframe.
7.2 Abandoned Orders
Uncollected orders may be deemed abandoned property.
7.3 Perishable Disposal
Perishable goods may be disposed of immediately for safety compliance.
No refund shall be required for abandoned goods.
8. REPORTING DEADLINES (ACCEPTANCE WINDOW)
8.1 Perishable Goods
Issues must be reported within two (2) hours of delivery.
8.2 Non-Perishable Goods
Issues must be reported within twenty-four (24) hours.
8.3 Failure to Report
Failure to report within deadlines constitutes irrevocable acceptance of the order “as delivered.”
9. VENDOR INSURANCE REQUIREMENT
9.1 Vendors must maintain active Commercial General Liability (CGL) insurance coverage, minimum $2,000,000 CAD, covering delivery activities.
9.2 CMarket Ltd. assumes no responsibility for Vendor insurance deficiencies.
9.3 Vendor indemnifies CMarket Ltd. for delivery-related claims arising from Vendor operations.
10. RESERVE & PAYOUT PROTECTION
10.1 Dispute Hold Authority
CMarket Ltd. may temporarily withhold Vendor payouts pending investigation of delivery disputes.
10.2 Chargeback Defense
Platform may use:
delivery photos
GPS logs
communication records
to defend chargebacks.
10.3 Fraudulent Claims
Platform reserves the right to suspend or permanently terminate accounts engaging in abusive or fraudulent dispute behavior.
11. THIRD-PARTY CARRIERS
If Vendor uses external couriers:
Vendor remains fully responsible
CMarket Ltd. assumes no liability for courier misconduct
12. FORCE MAJEURE
CMarket Ltd. shall not be liable for delivery failures resulting from:
natural disasters
infrastructure failures
government restrictions
cyber events
regional emergencies
13. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
CMarket Ltd.’s aggregate liability for delivery-related claims shall not exceed the lesser of:
(a) delivery fee paid for the transaction; OR
(b) $100 CAD.
Under no circumstances shall CMarket Ltd. be liable for indirect, incidental, or consequential damages.