Terms of Service

Terms of Service

Mega Buying ATL LLC ("MegaBuying," "we," "us," or "our")

Effective date: August 25, 2025

These Terms of Service ("Terms") govern your access to and use of our website at megabuyingatl.com, our mobile application, and our wholesale food and food-container delivery services (together, the "Services"). By creating an account, placing an order, or otherwise using the Services, you ("you," "Customer," or "your business") agree to these Terms. If you do not agree, do not use the Services.

These Terms are entered into between MegaBuying and the business you represent. You confirm that you are authorized to bind that business.

  1. Who May Use the Services

The Services are intended solely for businesses (such as restaurants and other commercial buyers), not for consumers or personal, household use. To open a wholesale account, you must provide accurate business information and meet our approved-buyer eligibility requirements. We may approve, decline, suspend, or close accounts at our discretion.

  1. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. Information you provide must be accurate and kept up to date.

  1. Products; Food Safety Standards

We supply food products and food-service containers to our customers. Up to and through the point of delivery, we handle, store, and transport food products in accordance with applicable U.S. Food and Drug Administration (FDA) standards and other applicable food-safety requirements.

Product descriptions, images, and specifications are provided for convenience and may not reflect exact appearance, weight, or packaging. We may substitute products of comparable quality where a specific item is unavailable, unless you have instructed otherwise in writing.

Licensing and Inspection. MegaBuying is the holder of a Food Sales Establishment License issued by the Georgia Department of Agriculture and is subject to inspection by that agency. Our current license is displayed on our website. Our licensing and inspection status reflects our compliance with applicable requirements for our own operations up to and through delivery; it does not certify, warrant, or extend to the storage, handling, preparation, or use of products by the Customer after delivery.

  1. Orders and Pricing

All orders are offers to purchase and are subject to acceptance by MegaBuying. We may accept, decline, limit, or cancel any order, including for pricing errors, product unavailability, suspected fraud, or eligibility issues. Prices, availability, and minimums may change at any time before acceptance. Unless stated otherwise, prices exclude applicable taxes, which are your responsibility.

  1. Payment

Purchases are processed through Shopify's checkout and its payment providers. Your use of checkout is subject to those providers' terms and privacy practices. You authorize us and our payment processors to charge your selected payment method for the total order amount, including taxes and any applicable fees. We do not store full payment card numbers.

Payment terms. Unless otherwise specified, all payments are due either on delivery or net thirty (30) days, whichever payment option you select at checkout. Net-30 amounts are due within thirty (30) days of the invoice or order date.

Late payments. Any amount that remains unpaid more than thirty (30) days after its due date is past due and will accrue a late charge of 5% per month on the outstanding balance from the due date until paid in full. You are also responsible for any reasonable costs of collection, including attorneys' fees, to the extent permitted by law. We may suspend deliveries or hold orders while your account has a past-due balance.

  1. Delivery; Inspection and Sign-Off

We provide local delivery of products to the address associated with your account or specified at checkout.

Delivery is complete when the products are dropped off at the delivery address, handed to you or your representative, or otherwise made available to you, and (where applicable) a delivery receipt, manifest, or electronic confirmation is signed or acknowledged.

Inspection and sign-off. You are responsible for inspecting all products at the time of delivery. By signing, acknowledging, or accepting a delivery, you confirm that the products were received in acceptable condition, except for any damage, shortage, temperature issue, or discrepancy that you note in writing on the delivery record at the time of delivery or report to us within 24 hours of delivery in accordance with Section 8 (Returns and Claims). Failure to note or timely report an issue constitutes acceptance of the products as delivered.

Delivery records as evidence of acknowledgement. MegaBuying maintains records of each delivery, which may include delivery receipts, manifests, timestamps, and photographs of the products and the delivery location. You agree that these records constitute evidence that delivery was completed and that the products were delivered in the condition shown. Absent a discrepancy noted on the delivery record at the time of delivery or reported within the window described above, such records will be deemed your acknowledgement and acceptance of the delivery.

  1. Transfer of Risk; Responsibility After Delivery

Title and risk of loss for all products pass to you upon completion of delivery as defined in Section 6.

After delivery, you are solely responsible for the products, including their receipt, inspection, acceptance, storage, refrigeration, temperature control, handling, preparation, food safety, resale, and use. This responsibility rests with you and your personnel from the moment delivery is complete.

To the fullest extent permitted by applicable law, MegaBuying is not responsible or liable for any loss, damage, spoilage, contamination, deterioration, breakage, theft, illness, or injury that arises after delivery is complete, including any condition caused by or resulting from:

  • your storage, refrigeration, or temperature handling of the products;
  • your handling, transport, preparation, cooking, or use of the products;
  • your combining, repackaging, or reselling of the products;
  • negligent, improper, or unsafe acts or omissions by you, your employees, or your agents; or
  • your failure to follow product, safety, or handling instructions or applicable law.

Nothing in this Section limits our obligation to deliver products that met applicable FDA and food-safety standards at the point of delivery, or any liability that cannot be excluded under applicable law.

  1. Returns and Claims

We offer a return and claims policy for issues that exist at the time of delivery.

  • Reporting window. To be eligible, you must report a qualifying issue (such as damaged, defective, short-shipped, spoiled-on-arrival, or incorrect products) within 24 hours of delivery, or note it on the delivery record at the time of delivery.
  • How to report. Contact us at hung.luc@megabuyingatl.com or 6788315823 with your account name, order number, a description of the issue, and, where possible, photographs and lot/date information.
  • What we may require. We may ask you to retain the affected products, provide photos, or make the products available for pickup or inspection before approving a claim.
  • Resolution. For approved claims, our remedy — at our option — is a replacement of the affected products or a credit or refund of the purchase price paid for those products. This is your sole and exclusive remedy for such claims.
  • Exclusions. We do not accept returns or claims for products that have been stored, handled, or used improperly after delivery; that are reported after the reporting window; that have passed their use-by or shelf-life period while in your possession; or that were damaged, spoiled, or destroyed by conditions after delivery. Custom, special-order, or clearly perishable items may be non-returnable except where defective on arrival.
  1. Compliance

You are responsible for holding all licenses and permits required to operate your business and to purchase, store, prepare, and resell the products, and for complying with all applicable health, food-safety, labeling, and other laws that apply to your operations after delivery.

  1. Disclaimer of Warranties

Except for our commitment that products meet applicable FDA and food-safety standards at the point of delivery, and except as required by applicable law, the Services and products are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

  1. Limitation of Liability

To the fullest extent permitted by applicable law:

  • MegaBuying will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, business interruption, or loss of goodwill, arising out of or relating to the Services, the products, or these Terms, even if advised of the possibility of such damages.
  • MegaBuying's total aggregate liability arising out of or relating to any order, the products, or these Terms will not exceed the amount you paid for the specific products giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

  1. Indemnification

You agree to indemnify and hold harmless MegaBuying and its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: your handling, storage, preparation, resale, or use of the products after delivery; your violation of these Terms or applicable law; or the negligent or wrongful acts or omissions of you, your employees, or your agents.

  1. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, severe weather, supply shortages, labor disruptions, transportation failures, or government actions.

  1. Suspension and Termination

We may suspend or terminate your access to the Services or your account at any time, with or without notice, including for non-payment, violation of these Terms, suspected fraud, or loss of eligibility. Provisions that by their nature should survive termination (including Sections 7, 8, 10, 11, and 12) will survive.

  1. Governing Law and Disputes

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, and you consent to that jurisdiction and venue.

  1. Changes to These Terms

We may update these Terms from time to time. We will post the updated version with a new effective date, and significant changes may be communicated through the Services. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

  1. Entire Agreement; Severability

These Terms, together with our Privacy Policy and any order-specific terms, constitute the entire agreement between you and MegaBuying regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full effect.

  1. Contact Us

Mega Buying ATL LLC
Phone: 6788315823
Email: hung.luc@megabuyingatl.com