This agreement is between you the [“User” or “you”] and
GROCERY SHOPPE (Collectively,
“GROCERY SHOPPE”, “we”, “our” and “us”.)
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between
Therefore, the use of
www.groceryshoppe.com is subject to the following terms and conditions.
GROCERY SHOPPE reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify
GROCERY SHOPPE for any losses, costs or damages, including reasonable legal fees, incurred by
GROCERY SHOPPE in relation to, or arising out of, such a breach.
2. ABOUT GROCERY SHOPPE
GROCERY SHOPPE LLC is a corporation carrying on its business operations in New York, the United States of America.GROCERY SHOPPE is an online Grocery and Retail Store. To effectively carry out its business activities, GROCERY SHOPPE has created
(“The site or Website”) .
"These general terms and conditions (the "Conditions") apply to:
(a) The use of any information, pictures, documents and/or other services offered by
GROCERY SHOPPE via (our “Website”);
(b) The ordering and delivery of grocery products from the site.
4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. GROCERY SHOPPE hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. GROCERY SHOPPE shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our
cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
5. INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only and does not constitute advice. Even though GROCERY SHOPPE has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. GROCERY SHOPPE does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, GROCERY SHOPPE shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of GROCERY SHOPPE.
GROCERY SHOPPE shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
6. INTELLECTUAL PROPERTY
All brand names, logo, product names and titles used on the Website are trademarks or trade names of GROCERY SHOPPE or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to GROCERY SHOPPE and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
7. DATA PRIVACY
GROCERY SHOPPE collects and processes your personal data according to the
8. UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to GROCERY SHOPPE by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold GROCERY SHOPPE harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
9. ORDERING THROUGH THE SITE
We highly recommend placing your order at least 72 hours, in advance of when you need your groceries. But, a 48 hour minimum in advance is required and we are not able to accommodate same day or next day deliveries. Only online orders are accepted – no call in or fax orders.
Your credit card will be charged upon checkout and you will receive a receipt for payment along with an order ID number. Orders must be received and paid for in full at least 2 days before your delivery date. Available delivery windows will be shown as you proceed through the ordering process. You can place your order anytime, up to one year before your delivery date.
10. REMOVING ITEMS FROM AN EXISTING ORDER
For item removals and quantity changes, we will require an email sent to
[email protected] with the specific changes you would like to make. Modifications up to 4hours before your order are accepted and a full refund of the products removed will be processed in 7-10 business days.
11. ADDING ITEMS TO AN EXISTING ORDER
You can add items to existing orders. To add items to an existing order, visit My Orders in your online account. Add On items must be submitted 2 days before your delivery. Add On items are delivered with the original order and cannot be kept separate, or delivered at a later date, or delivered to a different location. Add On orders will not be accepted after the original delivery – a new order will need to be placed and is subject to a delivery fee.
Delivery time slots are limited and sometimes fill up quickly. Grocery Shoppe reserves the right to close delivery date availability once we have reached capacity. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Grocery Shoppe is not responsible for unprocessed or uncompleted orders, or any items left in a shopping cart that were not paid for. Only orders with a receipt for payment and an order ID number will be accepted and delivered.
12. CANCELLING AN ORDER
You may cancel your order by emailing our Customer Service Department at
[email protected]. Cancellations over the phone CAN NOT be confirmed until a follow up email is received.
Grocery Shoppe needs to receive an email to
[email protected] at least 2 hours prior to the scheduled delivery time to avoid a 20% restocking fee. If an order is cancelled prior to processing the order, no fees will apply to the order and customer will not be charged or full refund will be made.
Refund are processed within 7-10 business days. Grocery Shoppe is not responsible for the timing of the refund on part of the recipient’s bank. The recipient’s bank may take longer than 10-15 business days to return the funds to the recipient’s card.
13. PRICE AND AVAILABILITY
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
At Grocery Shoppe we believe in offering our customers the best products at the best prices. We shop for fresh products every day to assure you the highest quality. Although our goal is to fulfil 100% of each order, given the perishable nature of some of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. At times when we have an item that's very similar to the item you ordered, we may call and ask you about a possible substitution. If you're not happy with the substitution offered, you may remove the product from your order for a full refund. If we are unable to fulfil your entire order we will make every reasonable effort to contact you prior to delivery.
Once you complete checkout, your price, or price per United States dollars where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, issue you a refund.
Because we custom-cut, -select, -shop and -order some products, we reserve the right to limit your order or the quantity of a particular product that you may order.
14. DELIVERY OF PRODUCTS
Groceries are methodically packaged under sanitary conditions with special care given to fresh foods and perishables. All frozen foods are packed into insulated containers that keep frozen foods frozen while isolating them from other packaged goods such as produce. When you receive your groceries, they are in the same condition they were in the grocer's case. Dry goods are packaged in double-bagged paper bags.
Our method of delivery is dependent upon where the order is being delivered: Hotels/Motels/Resorts/Timeshares: Every location has a different policy for grocery delivery and Grocery Shoppe strives to honor those policies. Please contact our Customer Service Department for the current information about delivery to a specific location.
Residences (homes, condos, apartments, etc.): An adult must be present at the time of delivery. Please let us know if there is a guard gate or access gate we need to go through in order to reach your delivery location.
Business: An adult must be present at the time of delivery. Please let us know if there is a guard gate or access gate we need to go through in order to reach your delivery location.
Grocery Shoppe delivers case sizes of a variety of different goods, including laundry detergent, beverages, etc. Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our web site. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) above the 5th floor, or deliver more than 3 cases of beverages above the 4th floor. Our technology cannot, and does not, enforce these limits. We ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. Again, this limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.
In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
Grocery Shoppe delivery personnel are allowed to accept tips. Customers are under no obligation to tip Drivers but have the option of doing so if exceptional service is provided.
We accept Payments for our services via
PayPal, credit cards - VISA, MasterCard, AMEX, DISCOVER and SNAP. Please note that Snap payment service shall be used for Staple products only.
SNAP payment will not cover any delivery charges. All delivery changes would require a credit card or cash on delivery. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.
16. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and GROCERY SHOPPE ; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless GROCERY SHOPPE , and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “GROCERY SHOPPE Parties”), from and against all actual or alleged GROCERY SHOPPE Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify GROCERY SHOPPE of any third-party Claims and cooperate with the GROCERY SHOPPE Parties in defending such Claims. You further agree that the GROCERY SHOPPE Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and GROCERY SHOPPE.
Your access to and use of the Services and content provided on
www.groceryshoppe.com are at
YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (GROCERY SHOPPE ENTITIES are GROCERY SHOPPE founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
GROCERY SHOPPE make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GROCERY SHOPPE or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the GROCERY SHOPPE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GROCERY SHOPPE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROCERY SHOPPE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GROCERY SHOPPE EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT GROCERY SHOPPE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
If GROCERY SHOPPE decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
20. GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of
www.groceryshoppe.com is hereby governed by, and constructed and enforced in accordance with the laws of New York, USA. The competent courts in New York, USA, shall have the exclusive jurisdiction to resolve any dispute between you and GROCERY SHOPPE.