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Terms of Use and Service

This Agreement was last revised on May 21, 2015.

Welcome to Garden Grocer. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE, OR OUR IPHONE APPLICATION (collectively, our "Site"). This Agreement (the "Agreement") is an agreement between you and Garden Grocer, Inc. ("Garden Grocer") that states the terms and conditions under which you may use the Site and receive Garden Grocer service, which includes processing and delivery of product orders (the "Garden Grocer Service"). Your use of the Garden Grocer 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 Garden Grocer Service.

If you have any questions about this Agreement or the Site please access our Frequently Asked Questions section of the Site or call our Customer Service team at 1-866-855-4350.

Garden Grocer Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we want to make it right. Just call us at 1-866-855-4350 or contact us via e-mail at info@GardenGrocer.com. You have up to two days after delivery to notify us that you are not satisfied. Garden Grocer may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a refund.

Replacement of missing items
Your order will arrive with an invoice that will list all of the items you have received and were billed for and you can always find a copy in the Your Account section of our website. If something is missing from or you received incorrect product(s), please call 1-866-855-4350 or contact us via e-mail at info@GardenGrocer.com

Our orders are checked for accuracy and quality prior to delivery. Garden Grocer aims to replace any missing items the same delivery day. However, some products are subject to availability and may not be available until the next day. Customers may choose to accept a refund instead of a redelivery of the missing product(s).

Garden Grocer is not able to accept returns or exchanges for ordered and correctly delivered products.

Garden Grocer Service

Ordering through the Site.
To view available delivery times, visit the Available Time Slots section of the site. We highly recommend placing your order at least 72 hours, in advance of when you need your groceries. But, a 36 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 48 hours 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.

Garden Grocer 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.

Each order (and associated Add On orders) can only contain one ship to name. The Add On will be delivered with the parent order. Garden Grocer does not divide orders into different ship to names, dates or locations.

Garden Grocer is unable to accept paper checks, food stamps, or third-party coupons at this time.

Removing items from an existing order.
For item removals and quantity changes, we will require an email sent to info@gardengrocer.com with the specific changes you would like to make. Modifications up to 48 hours before your order are accepted and a full refund of the products removed will be processed in 3-5 business days. Modifications to orders with less than 48 hours notice are subject to a 25% restocking fee. Modifications to orders with less than 24 hours notice are subject to a 50% restocking fee.

Adding items to an existing order.
To add items to an existing order, visit the Add On section of the My Orders in your online account. Add On items must be submitted 36 hours 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. Garden Grocer 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.

Cancelling an order.
You may cancel your order by emailing our Customer Service Department at info@gardengrocer.com. Cancellations over the phone CAN NOT be confirmed until a follow up email is received.

Garden Grocer needs to receive an email to info@gardengrocer.com at least 48 hours prior to the scheduled delivery time to avoid a 25% restocking fee. If canceling within 24 hours of scheduled delivery, a 50% restocking fee will be applied.

Refund are processed within 3-5 business days. Garden Grocer is not responsible for the timing of the refund on part of the recipient’s bank. The recipient’s bank may take longer than 3-5 business days to return the funds to the recipient’s card.

Price and Availability.
At Garden Grocer 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 fulfill 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 fulfill your entire order we will make every reasonable effort to contact you prior to delivery.

Once you complete checkout, your price, or price per pound/ounce 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.

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 Garden Grocer strives to honor those policies. Please contact our Customer Service Department for the current information about delivery to a specific location. At the request of the Swan and Dolphin Resorts, we are not permitted to deliver there at any time.

Due to limited refrigerator space at most hotel/resorts, most bellservice departments will not hold alcohol, water, or soda in the fridge for guests.

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.

Garden Grocer 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. In the event of a broken elevator, we also do not ask our drivers to carry groceries more than 5 floors. 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.

Garden Grocer 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.

Third-Party Information Providers and Merchants.
In certain cases, the Garden Grocer Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by Garden Grocer. In such instances, Garden Grocer acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Garden Grocer makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Garden Grocer makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

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, Garden Grocer. 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 Garden Grocer 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 Garden Grocer is strictly prohibited. You acknowledge that Garden Grocer 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. Garden Grocer reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Garden Grocer.

Trademarks.
"Garden Grocer", all Garden Grocer logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Garden Grocer or otherwise proprietary to Garden Grocer 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 Garden Grocer 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 Garden Grocer Service.

Access to the Garden Grocer Service

Access.
You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Garden Grocer Service and the Site. You agree to comply with all laws applicable to your activities on the Garden Grocer 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 Garden Grocer 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 Garden Grocer may undertake from time to time; or (iii) causes beyond the control of Garden Grocer or which are not reasonably foreseeable by Garden Grocer.

ID Number and Passwords.
Access to the Garden Grocer Service is accomplished through the use of a user name and a password that you choose upon registration. 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 Garden Grocer Service with your password. You agree to notify Garden Grocer promptly of any unauthorized use of your password and you will remain liable for any use of the Garden Grocer Service until you notify Garden Grocer.

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 Garden Grocer 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 Your Account area on our Web site or contact our Customer Service department. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Garden Grocer, 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. Garden Grocer's secure server encrypts your payment information so that it cannot be read as the information travels over the Internet. Once we receive your payment information, it is stored in our secure data center. Garden Grocer will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Garden Grocer 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 and bank account number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.

Purchase of Alcoholic Beverages.
By Florida 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 send a copy of your ID with proof of age to info@gardengrocer.com or use the upload feature when adding alcoholic products to your cart. Garden Grocer reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at its sole discretion. Please note that Garden Grocer will not accommodate any special requests for alcohol – the only alcoholic products for sale are listed on the website. Availability of some alcoholic products is limited and we will contact you prior to delivery to let you know if a product becomes unavailable. Alcoholic products are purchased directly from a licensed Florida vendor and arrive at our warehouse room temperature. We keep the alcohol at room temperature and deliver it at room temperate.

Corrections.
If you would like to update or correct information previously provided to us, please send an e-mail with your new information to info@Garden Grocer.com, or you can update your account information yourself by going to Your Account on the Garden Grocer Site. Please do not send credit card or other payment information via email.

Privacy Policy.
Please review our Privacy Policy, which also governs your visit to the Garden Grocer Site and use of the Garden Grocer 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 Garden Grocer Service, which includes, without limitation, use of the Garden Grocer 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 Garden Grocer 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 Garden Grocer to be in conflict with the letter or intent of this Agreement.

Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE GARDEN GROCER SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE GARDEN GROCER SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GARDEN GROCER 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 GARDEN GROCER SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GARDEN GROCER SERVICE; GARDEN GROCER DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. GARDEN GROCER 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 GARDEN GROCER SERVICES. GARDEN GROCER 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 GARDEN GROCER NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "GARDEN GROCER 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 GARDEN GROCER SERVICE, OR THE INTERNET. GARDEN GROCER'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 GARDEN GROCER SERVICE AND TO TERMINATE THIS AGREEMENT. GARDEN GROCER 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. Garden Grocer operates this Site for use in specific jurisdictions where it provides its Services, 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 and may vary geographically.

You agree to defend, indemnify, and hold Garden Grocer 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. Garden Grocer may suspend or terminate this Agreement or the Garden Grocer Service or remove or disable access to any portion of the Garden Grocer Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Garden Grocer 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. Garden Grocer reserves the right to collect fees and charges incurred before you cancel your Garden Grocer Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices.
Garden Grocer may give notice to you of any change or any other communication related to this Agreement through a general posting on the Garden Grocer Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Garden Grocer by telephone at 1-866-855-4350, by electronic mail (as specified in the "Help" section of the Garden Grocer Web site), or by conventional mail to:

Garden Grocer, Inc.
16215 State Road 50 Suite 206
Clermont, FL 34711
Attention: CUSTOMER CARE

Entire Agreement.
This Agreement and the Privacy Policy referred to herein represent your entire agreement with Garden Grocer regarding the use of the Garden Grocer Service and the Garden Grocer 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, Garden Grocer, and Garden Grocer 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 New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Garden Grocer or relating in any way to your use of the Garden Grocer Service or the Garden Grocer Site resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Garden Grocer Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.

Third-Party Beneficiaries.
The provisions of this Agreement are for the benefit of Garden Grocer 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 Garden Grocer Service.

Amendment.
Garden Grocer may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Site for orders already placed. 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 May 21, 2015.

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