PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING
THIS WEB SITE ("Site"). This Agreement (the "Agreement") is an agreement between
you and Groceries Express Inc. ("Groceries-Express.com") that states the terms
and conditions under which you may use the Site and receive
the Groceries-Express.com service, which includes processing and delivery
of product orders. Your use of
the Groceries-Express.com Service and the Site constitutes your agreement
to the terms and conditions set forth below. If you do not agree with all of the
terms and conditions, do not use the Site or the Groceries-Express.com
Service.
If you have any questions about
this Agreement or the Site please access our Frequently Asked
Questions(FAQ0 section of the Site or call our Customer Service at
888-515-0008.
Groceries-Express.com Satisfaction Policy Product concerns are
handled on a case by case basis. In instances where items are incorrectly
sent or damaged in transit your order is refunded or reshipped without any additional
charge. Instanaces in which the manufacturer has produced a defective or
incorrect product may require sending the product back to Groceries-Express.com
to receive a refund. Items that are sent with a cold pack or dry ice pack
and don't arrive in the time frame guaranteed by FedEx / UPS may be
discarded. A full refund for these cold items will be issued by
Groceries-Express.com Items that are incorrectly substituted may or may
not be refunded. All returns should be handled through our e-mail address
of staff@GrocExp.com or 888-515-0008.
Groceries-Express.com Service
Ordering through the Site.
Orders that are placed at Groceries-Express.com and require shipping via FedEx
Ground are generally shipped within 48 hours. When ordering a quantity of items
that exceeds the number in inventory shipping may take as long as two weeks. Orders delivered directly to
business/residence by Groceries-Express.com drivers must be received in the one
hour window chosen by the customer. If an order is not received during
this time, the order is refunded but the delivery charged is held as a
restocking fee.
Price and Availability. Groceries-Express.com believes in offering the
best product at the best price. We constantly maintain our inventory expiration
dates in line with manufacturer guidelines. Although our goal is to fulfill 100%
of each order, from time to time products may be unavailable due to market
conditions beyond our control. We reserve the right to limit your order or the
quantity of a particular product that you may order. If we are unable to fulfill
your entire order we will make every reasonable effort to communicate changes
in quantity and price. Once you complete checkout, your price, or price per
pound/ounce where applicable, is guaranteed. When substitutions are allowed the price for
the substituted items will be the price charged. We will not charge the original item price for
the substituted item. We will make decisions with customer's value in mind. For instance we will
not subsitute an on sale item with an item that is not on sale.
Delivery of Products. Groceries-Express.com uses dry ice for frozen goods shipping
via FedEx/UPS. Upon receipt of these boxes the items must be inspected and
placed in a freezer. Any remaining dry ice must not be handled
directly. Please follow dry ice handling directions shown on the invoice
for your order. Items shipped in cool boxes must be
inspected and placed into refrigerated environmnet upon delivery. Cold shipping is shipped
in a guaranteed number of days by FedEx/UPS. If the recipient is not
available or the box is left at the location, the cost of item replacement may
not be covered by Groceries-Express.com Returns will be considered on a
case by case basis for these problems. Since we will ship in a time
frame guaranteed by FedEx/UPS, packages not arriving in that time frame will be
refunded immediately by Groceries-Express.com when a customer requests the
refund. Cold shipped packages may require a deposit for the insulating material.
Instructions and pre-paid return label for the return of the insulation material are sent with each package.
This credit
policy is listed on the invoice. Customers in our local
delivery area have the option of inspecting the goods at the time of
delivery, however adjustments to the order must be handled through the payment
information provided to the web site. Drivers do not carry cash and
don't accept tips. The delivery fee you pay is what the driver is paid for
your delivery. Problems with your order after delivery may be sent to staff@GrocExp.com
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 the first possible moment the
conditions permit. If your designated delivery location (i.e., street, avenue,
etc.) or day is inaccessible, rendering us unable to make the delivery, we will
contact you to determine the best alternate location and/or date.
Payment. At the time you place your order with
Groceries-Express.com using your credit card a funds authorization is
placed on your card. This is a pending transaction against your
account. This pending transaction will remain until your order is either
completed or cancelled. When the order is shipped/delivered the corrected
balance due to Groceries-Express.com will be captured from the available funds
pending against your credit card. All credit cards are verified against
certain portions of the credit card owner's address and check code. If I
customer disputes a transaction through their credit card company and that
transaction results in a chargeback to Groceries-Express.com, we will file a
lawsuit within the jurisdiction of the transaction to recover court fees,
chargeback transaction fee, original transaction amount, and damages in relation
to the mark on our credit score. Any disputes concerning your credit card
transaction must first be addressed to Groceries-Express.com customer service to
avoid chargeback situations.
Customers may pay by check or money order. When using the web site the
option is given to pay by check instead of a credit card. When we receive
a check for your order we will deposit the check into our account. The
check may take up to 10 days to clear our bank. In the event that a check
is returned to us a $10 additional fee will apply to the next order.
If a check is presented to a delivery driver for orders in our local area, we
accept the check. If that check is returned to us by our bank, the
recipient is responsible for the cost of the transaction, returned item fee
($10), court costs (if required), and additional transaction time ($20 per
hour). We will make attempts to recover the costs using various means up
to and including filing a lawsuit.
License and Proprietary Rights Copyright and
Ownership. All
Site content, design, text, graphics, and
interfaces; the collection, selection, and arrangement thereof; and all software
are the property of, or duly licensed to, Groceries-Express.com. Consent is granted
to view, electronically copy, and print in hard copy portions of this Site for
the sole purpose of placing an order with Groceries-Express.com for your use. Any other use
of materials on this Site, including modification, distribution, or
reproduction for purposes other than those noted above, without the prior written
permission of Groceries-Express.com is strictly prohibited. You acknowledge that Groceries-Express.com and/or
third-party content providers remain the owners of such material and that you do
not acquire any of those ownership rights by downloading copyrighted material.
Groceries-Express.com reserves the right to revoke this authorization at any time, and any
use shall be discontinued immediately on written notice from Groceries-Express.com.
Trademarks. "Groceries-Express.com," all Groceries-Express.com logos, and all titles,
characters, names, graphics, and button icons are service marks, trademarks,
and/or trade dress of Groceries-Express.com or otherwise proprietary to Groceries-Express.com and
may not be used by you for any reason other than as expressly permitted by this
Agreement. All other trademarks, service marks, product names, and company names
or logos appearing in the Groceries-Express.com Service and on the Site are the property
of their respective owners and you do not acquire any ownership rights in such
marks, logos, or names by using this Site or the Groceries-Express.com Service.
Access to the Groceries-Express.com Service Access. You will
provide all equipment and services and be responsible for all telephone and
other charges necessary to access the Groceries-Express.com Service and the Site. You
should contact your local telephone company if you have a question about whether
an access number is a long-distance or toll call from your location. You agree
to comply with all laws applicable to your activities on the Groceries-Express.com Site
and with the terms of this Agreement. You hereby represent that you are an adult
(18 years or older) and have the power and authority to enter into this
Agreement and perform your obligations hereunder.
You acknowledge
that from time to time the Groceries-Express.com Service or this Site may be inaccessible
or inoperable for any reason, including, without limitation: (i) equipment
malfunctions; (ii) periodic maintenance procedures or repairs which Groceries-Express.com
may undertake from time to time; or (iii) causes beyond the control of
Groceries-Express.com or which are not reasonably foreseeable by Groceries-Express.com.
ID Number and Passwords. Access to customer specific
order information through the Groceries-Express.com Service is
accomplished through the use of a user name and a password that you will create
in the registration process. You are solely responsible for any authorized or
unauthorized access to your account by any person. You agree to bear all
responsibility for the confidentiality of your password and all use or charges
incurred from use of the Groceries-Express.com Service with your password. You agree to
notify Groceries-Express.com promptly of any unauthorized use of your password and you
will remain liable for any use of the Groceries-Express.com Service until you notify
Groceries-Express.com of the unauthorized use of your password.
Your
Account . You are responsible for, and agree to pay promptly, all charges
to your account, including applicable taxes and purchases by you or anyone
you allow to use your account and password to access the Groceries-Express.com Service.
You agree and accept responsibility for keeping all your account
information current, including address, payment information, telephone number,
e-mail address, and alternate receiver for your order. You can update your
information in the My Account area on our Web site or contact our Customer
Service department. You agree that you will not provide fraudulent information and
that you are solely responsible for any information you provide to Groceries-Express.com,
and accept responsibility for all activities that occur under your account
or password and for restricting access to your computer. You will comply with
all laws applicable to your activities on the Site and with this
Agreement. Groceries-Express.com's secure server encrypts your credit card information so that
it cannot be read as the information travels over the Internet. Once we
receive your credit card information, it is stored in our secure database.
Groceries-Express.com will exercise commercially reasonable efforts to ensure that your
credit card information remains confidential, and is available only to personnel
who have a need to know such information in connection with providing you the
Groceries-Express.com Service. When our registration/order form asks users to enter
sensitive information (such as credit card number), that information is
encrypted and is protected with encryption software. Our Site encrypts your
credit card number prior to transmission over the Internet using secure socket
layer (SSL) encryption technology. This technology works best when the Site is
viewed using Microsoft's Internet Explorer or Netscape Navigator.
Purchase of Alcoholic Beverages. By law, purchasers of alcoholic
beverages must be at least twenty-one (21) years of age. You may not legally
order any alcoholic beverages unless you are at least twenty-one (21) years of
age. Furthermore, you may not purchase alcoholic beverages for anyone who is
under the age of twenty-one (21). You must present identification and proof of
age at the time of delivery to receive alcoholic beverages. Groceries-Express.com reserves
the right to refuse service, terminate accounts, remove alcoholic beverages, or
cancel orders at its sole discretion. Please note that beer, wine and/or other
forms of alcoholic beverages are not available in all areas.
Corrections. If you would like
to update or correct information previously provided to us, please send an
e-mail with your new information to staff@GrocExp.com
, or you can update your account information yourself by
going to My Account on the Groceries-Express.com Site.
Privacy Policy.
Please review our Privacy Policy, which also governs your visit to the
Groceries-Express.com Site and use of the Groceries-Express.com Service, to understand our
practices.
Acceptable Use Policy You are solely responsible
for any and all acts and omissions that occur under your account or password,
and you agree not to engage in unacceptable use of the Groceries-Express.com Service,
which includes, without limitation, use of the Groceries-Express.com Service to: (a)
disseminate or transmit unsolicited messages, chain letters, or unsolicited
commercial e-mail; (b) disseminate or transmit material that, to a reasonable
person, may be abusive, obscene, pornographic, defamatory, harassing, grossly
offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files,
graphics, software, or other material that actually or potentially infringes the
copyright, trademark, patent, trade secret, or other intellectual property right
of any person; (d) create a false identity or otherwise attempt to mislead any
person as to the identity or origin of any communication; (e) export, re-export,
or permit downloading of any message or content in violation of any export or
import law, regulation, or restriction of the United States and its agencies and
authorities, or without all required approvals, licenses, or exemptions; (f)
interfere with, disrupt, or attempt to gain unauthorized access to other
accounts on the Groceries-Express.com Service or any other computer network; (g)
disseminate or transmit viruses, Trojan horses, or any other malicious code or
program; or (h) engage in any other activity deemed by Groceries-Express.com to be in
conflict with the spirit or intent of this Agreement.
Warranty
Disclaimer; Limitation of Liability; Indemnification YOU EXPRESSLY AGREE
THAT USE OF THE Groceries-Express.com SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT
YOUR OWN RISK. THE Groceries-Express.com SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED
ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
Groceries-Express.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
Groceries-Express.com SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY
INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE
Groceries-Express.com SERVICE; Groceries-Express.com DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY
OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS.
Groceries-Express.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE
AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS
OBTAINED THROUGH THE SITE OR THE Groceries-Express.com SERVICES. Groceries-Express.com DOES NOT
WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR
FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM
VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER Groceries-Express.com NOR ANY OF ITS
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES,
THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY,
"Groceries-Express.com PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR
DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE
INABILITY TO USE, THE SITE, THE Groceries-Express.com SERVICE, OR THE INTERNET.
Groceries-Express.com'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY
PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR
YOU TO DISCONTINUE YOUR USE OF THE Groceries-Express.com SERVICE AND TO TERMINATE THIS
AGREEMENT. Groceries-Express.com RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF
A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR
SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only.
Groceries-Express.com controls and operates this Site from its headquarters in Madison Heights, Michigan, USA,
and makes no representation that these materials are appropriate or available
for use in other locations. If you use the Site from other locations, you are
responsible for compliance with applicable local laws. Price and availability
information is subject to change without notice.
You agree to
defend, indemnify, and hold Groceries-Express.com Parties harmless from any and all suits,
actions, legal or administrative proceedings, claims, demands, damages,
liabilities, and expenses, including attorney's fees and costs, arising in
connection with a violation of this Agreement by you or through use of your
account.
Miscellaneous
Termination. This Agreement
is effective upon your acceptance as set forth herein and shall continue in full
force and effect until terminated. Groceries-Express.com may suspend or terminate this
Agreement or the Groceries-Express.com Service or remove or disable access to any portion
of the Groceries-Express.com Service at any time for any reason with or without notice to
you. You may terminate this Agreement and your Groceries-Express.com Service at any time
for any reason by delivering notice in the manner provided below, which
termination will be effective the day notice is received or such later date
specified in the notice. Groceries-Express.com reserves the right to collect fees and
charges incurred before you cancel your Groceries-Express.com Service. In addition, you
are responsible for any charges incurred to third-party vendors or content
providers prior to your cancellation.
Notices
. Groceries-Express.com may give notice to you
of a change in this Agreement, a change in the Groceries-Express.com Fee Schedule,
and any other matter through a general posting on the Groceries-Express.com Site, by
electronic mail, or by conventional mail to your address contained in the
Customer Registration Data. You may give notice to Groceries-Express.com by telephone at 888-515-0008,
by electronic mail or by conventional mail to:
Groceries-Express.com
West 14 Mile Road
Madison Heights, MI 48071
Entire Agreement
. This Agreement and the Privacy Policy
referred to herein represent your entire agreement with Groceries-Express.com regarding the use
of the Groceries-Express.com Service and the Groceries-Express.com Site. You agree that this Agreement
is not intended to confer and does not confer any rights or remedies
upon any person other than you, Groceries-Express.com, and Groceries-Express.com Parties. If any
portion of this Agreement is held invalid or unenforceable, that portion
shall be construed in accordance with applicable law as nearly as possible to
reflect the original intention of the parties, and the remainder of this Agreement
shall remain in full force and effect. The failure of either party to
insist upon strict performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. This Agreement shall be governed by the laws
of the State of Michigan without regard to its conflict of laws rules. You
expressly agree that exclusive jurisdiction for any claim or dispute with Groceries-Express.com or relating
in any way to your use of the Groceries-Express.com Service or the Groceries-Express.com
Site resides in the federal and state courts of Michigan and you further expressly consent
and agree to personal jurisdiction by the state and federal courts sitting in the
State of Michigan in connection with any such dispute, including any claim involving
Groceries-Express.com Parties. Any cause of action by you must be instituted within one
year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries. The provisions of this Agreement are
for the benefit of Groceries-Express.com Parties, and each shall have the right to assert
and enforce the provisions directly on their own behalf. This Agreement and all
obligations and restrictions placed upon you or your permitted users by this
Agreement shall survive termination of this Agreement and your Groceries-Express.com
Service.
Amendment . Groceries-Express.com may amend this Agreement at
any time by posting the amended terms on our Site. All amended terms
shall automatically be effective seven days after they are initially posted on
our Site. By using this Site after the effective date of any such amendment,
you agree to be bound by any such revisions and should therefore periodically
visit this page to determine the then current Agreement to which you are bound.
This Agreement was last revised on March 27, 2005.
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