LICENSE TO USE SERVICES
The Services is intended for persons who are 18 or older and we grant you a limited license to access the Services for your personal use only.
You agree not to affect/interrupt or attempt to affect/interrupt the operation of the Services in any manner. We may, at any time and for any reason, in our sole discretion, modify or discontinue the Services or Services Content (as defined in the following section) or terminate or restrict your access to the Services.
USERS: REGISTERED / UNREGISTERED
“Registered Users” are persons who have a valid registered account as part of the Services. Registered Users are required to set up and maintain an account with a username, password, and user profile. Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of this information and you are responsible for all activities that occur under your account, username and/or password. Only Registered Users can participate in our Loyalty Program (as described below).
“Non-Registered Users” are persons who do not have a valid registered account with us. Non-Registered Users cannot participate in our Loyalty Program, but still may place online orders and utilize the Services.
ORDERING & CHARGES
In order to purchase groceries from our site, you need to have a valid credit card and be eighteen (18) years of age.
Ordering Window: Because our new sale prices go into effect on Friday mornings and in order to provide you with the most up-to-date, accurate prices, we only accept orders for delivery/pick-up starting on Friday through the following Thursday. For example, you can place an order on Tuesday evening for a delivery on Thursday afternoon, but you cannot place an order on Tuesday evening for a delivery on Friday afternoon.
Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.
Pre-authorization Charges: In order to create a seamless shopping experience, we may place a temporary authorization hold on your payment method of an additional twenty percent (20%) of your estimated order total. For example: if your estimated order total amount is $100.00; your credit card will be authorized for $120.00. This allows us to account for any differences in price between the actual products that we provide to you versus what you chose; i.e. differences in the weight of produce/meat or allowing for substitutions (as described below).
Variable Weight Orders. Because many perishable items (fruit, vegetables, meat, cold cuts, etc.) are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per pound/ounce indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery.
Substitutions: In the event that a product you choose is later found to be out of stock, if we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions. We will make every effort to substitute it for a similar product, both in size and price. If you are unhappy with our substitution, please contact us. In certain instances where a substitution is not possible or appropriate, we will attempt to contact you and will not include the item(s) and not charge you for those.
Beer / Alcohol: We do not sell beer or alcohol on our site.
Bottle Deposit. In accordance with applicable state law, we collect the relevant state bottle deposit for each bottle of certain items, such as beer, soda, mineral water and still waters. Your total deposit amount will be added to the actual item amount. If you wish to recover the deposit portion of the fees, empty bottles and cans may be redeemed at any redemption center.
Prices: We make every effort to ensure that our prices online match the ones you find in our store. However, in the case that we mistakenly price an item higher or lower on the site than its actual price, we reserve the right to cancel that aspect of your order. We will not charge you for that/those item(s) and we will contact you immediately. We also reserve the right to limit the quantity of a specific item that you may order.
Size Differences: Occasionally there may be slight discrepancies between how a product is listed on the site and the actual product that is ordered or delivered. For example, a box of cereal may be shown online as 20 oz but the actual product may be 21.6 oz. These slight differences are to do only with the size of a product and do not affect the price. The price shown is accurate for the actual product being ordered.
Promotions: Certain store promotions, especially the "Key Buys", are not available online and will only be available to customers who visit our store in person. Other promotions from our weekly circular may be available online, but we do not guarantee that every promotion will be available.
Store Cards: Unfortunately, at this time we are not able to accept "store cards" online through this site. Please visit our store in person to use your card.
Credit Card Charges: Once your order has been finalized, and taking into account weight and any substitutions, it will be charged a final amount.
Cancellations: Orders placed through the site may be subject to a cancellation fee if they are cancelled after being finalized. Cancellations. Cancellation of orders after the required cutoff time will result in a restocking fee equal to the sum of (a) 100% of the total dollar amount of your perishable items (since many of our perishable items are individually prepared) plus (b) 25% of the total dollar amount of your nonperishable items.
Refunds: In the rare case that you are not happy with the product(s) you have purchased, please contact us immediately by calling the store at (203) 956-0241. For perishable products, you have 48 hours of delivery or pick-up to request a refund or replacement. For all other products, you have up to seven (7) days after delivery to contact us about the product(s).
We will make every effort to replace the defective item(s) as soon as possible. In those cases where replacement is not an option or impractical, we will issue you a refund for that particular product to your account [which can be applied to your next order]. We may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a refund.
DELIVERY: The following conditions apply to all deliveries:
- You or your authorized representative must be at least eighteen (18) years of age.
- You or your authorized representative must be present to receive your order from our delivery personnel during your selected delivery window and sign for the delivery.
- For certain delivery items (baby formula, medications, etc.) we may require ID from you or your authorized representative to be presented at the time of delivery.
- Your requested delivery destination must be in a building where we are permitted to make deliveries and. For apartment buildings, we reserve the right to limit deliveries to the lobby or main entrance of your building.
- Authorized representatives can accept your delivery when you are not present at the time you had selected for delivery and such authorized representatives will accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself.
- Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.
- If you or your authorized representative are not present during your selected delivery window, we will attempt to contact you to make other arrangements. We will not leave your delivery at your address unless we receive specific instructions from you to do so. We disclaim all liability for deliveries left without being signed for by a specific person. If you instruct us to leave your delivery, you accept all responsibility for the delivery and agree not to dispute whether or not the delivery was made.
You may choose to pick up your online order from our actual store location. You will have to show a valid ID and sign for your order when you arrive to pick it up.
INTELLECTUAL PROPERTY: COPYRIGHT & TRADEMARK
The Services and its content, including, without limitation, articles, text, photographs, illustrations, graphics, logos, video material, audio material, software, images, sounds, design, layout, look, appearance, and graphics (collectively, “Services Content”) are protected by copyright, trademark, and other intellectual property laws. The Services Content is owned or controlled by Shopper.run, the grocery store, our suppliers, business partners, and/or other third parties. Additionally, the Services are protected by copyright as a collective work and/or compilation and are the property of Shopper.run. You may not reproduce, republish, distribute, sell, store on any other web service or other form of electronic retrieval system, or otherwise use any Services Content without our express permission.
Shopper.run and this grocery store’s trademarks may not be used without permission and may not be used in a manner which confuses consumers or disparages Shopper.run or this grocery store. All trademarks not owned by Shopper.run or this grocery store are the property of their specific owners.
NOT A PROPONENT OF DIET / EATING CHOICES
By referring TO or providing information about the grocery store, its products, or any particular diet, food-type or eating choice, we are not making any specific claims, warranties or representations regarding the nutritional value, benefits, results, disadvantages or risks of any such product, menu, diet, food or eating choice. Any information provided by us is for general information purposes only and is not intended as a substitute for professional medical or nutritional advice, treatment, or diagnosis.
THE ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN ADDITIONAL AND/OR DIFFERENT INGREDIENT, NUTRITIONAL, OR PROPER USAGE INFORMATION THAN THE INFORMATION DISPLAYED WITHIN THE SERVICES. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION DISPLAYED WITHIN THE SERVICES AND YOU SHOULD ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PRIOR TO USING OR CONSUMING A PRODUCT. IF YOU HAVE QUESTIONS OR REQUIRE MORE INFORMATION ABOUT A PRODUCT, YOU SHOULD CONTACT THE MANUFACTURER DIRECTLY. CONTENT MADE AVAILABLE THROUGH THE SERVICES IS FOR GENERAL REFERENCE PURPOSES ONLY AND IS NOT INTENTED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE, TREATMENT, OR DIAGNOSIS. YOU SHOULD NOT USE THE INFORMATION PRESENTED ON THE SERVICES FOR SELF-DIAGNOSIS OR FOR TREATMENT OF A HEALTH PROBLEM. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS REGARDING ANY PRODUCT.
NOTICE FOR INFRINGEMENT CLAIMS
Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe your work has been used in a manner on the Services that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:
245 5th Avenue, Suite 1002
New York, NY 10016
Please include all of the following in your notification:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
- A description of the work you claim has been infringed;
- A description of where the material you claim is infringing is located on the Services, including by providing a URL to the page containing the material (if applicable);
- Your address, telephone number, email address, and all other information reasonably sufficient to permit us to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
The Services may contain material that is offensive or otherwise objectionable to you. The Services and all Services Content are provided “AS IS” to the full extent permitted by law. This means that we do not warrant that the Services or Services Content will be (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer or computer network.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES (AND RELATED SERVICES, PRODUCTS, OFFERS, ETC.) ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
You acknowledge that the Services and Services Content may contain inaccuracies, typographical mistakes, or other errors and we expressly exclude liability for any such inaccuracies typographical mistakes or other errors to the fullest extent permitted by law. Neither we, nor our officers, directors, members, employees, agents, or representatives are liable for any damages resulting from use of the Services or Services Content including, but not limited to, damages caused by defamatory, offensive, or illegal material or damages caused by viruses, malfunctions, or other harmful components accessed through the Services. In no event shall we, and/or our affiliated entities, nor our/their respective officers, directors, members, employees, agents, or representatives, be responsible or liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data, or use incurred by you or any third party, whether in an action in contract or tort, arising from or related to content located on (or accessible via) the Services, or related to your access to, or use of, or inability to use the Services, even if we have been advised of the possibility of such damages or losses.
It is strictly forbidden for you to create or introduce, or advise others to create or introduce, any type of virus or malware to the Services, which could or will cause damage or other harmful effects.
The content of the Services is only meant for informative purposes. Therefore, no information, materials, or content contained in the Services shall constitute advice, or substitute for professional advice.
THIRD PARTY SERVICES
Your use of the Services and any disputes arising out of such use of the Services is subject to the laws of the State of New York without reference to its conflict or choice of law rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in the State of New York.
Effective: March 1, 2021