Lunds and Byerly’s Online Shopping Customer Agreement
This is an agreement between you and Lunds and Byerly’s Online Shopping and Lund Food Holdings, Inc. that states the terms and conditions under which you may use the Site and receive Lunds and Byerly’s Online Shopping service, which includes processing and delivery of product orders from us. Your use of Lunds and Byerly’s Online Shopping Service and the Site constitutes your agreement to the terms and conditions set forth below.
Ordering and Delivery
Timing and Fees
A set service fee is charged for delivery or store pickup. The size or cost of the order does not affect the amount of the service fee.
Orders are delivered or held for pickup at select stores seven days a week (except on certain holidays) during specified time periods. However, specific days and times available for your delivery or store pickup are determined by the location of your destination address or pickup store location, and by the number of orders scheduled per delivery or pickup time.
• For same-day delivery or store pickup, new orders must be placed at least four hours prior to the beginning of the desired delivery period (assuming that time is available).
• To change items in an existing active order, the revised order must be placed at least 12 hours prior to the beginning of the assigned delivery time.
• To change the day or time of an existing active order, the revised order must be placed at least 12 hours prior to the beginning of the desired delivery time (assuming that time is available).
• To cancel an order, the online cancellation must be placed at least four hours prior to the beginning of the scheduled delivery or pickup time.
Available delivery and pickup time periods and associated service fees will be shown as you proceed through the ordering process. You can place your order anytime six weeks before your delivery or pickup date. You may cancel via the “My Account” section of the Site. Note that updated orders are subject to price changes and a change of a delivery or pickup date may not guarantee the availability of your desired items.
• Cancellation of orders less than four hours prior to a scheduled delivery or pickup time may result in a restocking fee.
• Not being present to accept a scheduled delivery may result in a restocking or re-delivery fee.
• Not picking up an order at the selected store during the scheduled time may result in a restocking fee.
Receipt of Goods
To register for online shopping, you must be at least 18 years of age. To receive delivery, you or a designated recipient at least 18 years of age must be available in-person during the scheduled delivery time at the delivery address. You or a designated recipient at least 21 years of age with valid identification must be available for delivery of alcohol. For orders that include alcohol, you must select a delivery or pickup time that occurs Monday through Saturday. We can not deliver or offer in-store pickup of alcohol on Sundays.
The designated recipient can accept your goods and must agree to sign for delivery when you are not present at the time you had selected for delivery and shall 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 neither you, nor your designated recipient is present during your selected delivery time, we will use reasonable efforts to contact you and reschedule delivery. In some cases there may be a re-delivery fee charged to your credit card. If we are unable to re-deliver the order to you for any reason, the order will be canceled and a restocking fee may be charged to your credit card.
Your order will arrive with a receipt that will list all of the items you have received and for which you were billed. If you have a question about your order, please call Customer Service at the phone number shown on the Site.
Delays
In the case of inclement weather or other circumstances beyond our control, it may be necessary to make adjustments to our delivery or pickup schedule, which may cause us to suspend chosen delivery or pickup dates and times. If we expect a delay causing your order to be delayed later than the scheduled delivery or pickup time, our Customer Service representative may call or e-mail you to let you know the status of your order. We will deliver or you can pickup your order as soon as conditions permit. If your designated location is inaccessible and we are unable to make the delivery, we will contact you to determine the best alternate location and/or date.
Price and Availability
Online Order Total vs. Actual Cost
The price of an item on our online shopping Site is always the same price of that item in our stores, including items on sale. The order total shown online is an estimate and may differ from the final cost charged to your credit card on delivery or pickup day. These factors can affect your final cost:
Sale Items
Our special sale offers begin and end at the same specified times on both the online Service and in our stores.
Your order is charged to your credit card on delivery or pickup day.
• If an item is not on sale when you order, but is on sale on delivery day, you pay the sale price.
• If an item is on sale when you order, but is not on sale on delivery day, you pay the regular price.
If you select a day for delivery or pickup that is after the end of an item’s sale period, the current sale price shown online may not be valid. If sale prices in your online shopping basket may not be valid on your delivery or pickup day, the Service automatically alerts you during online checkout. During checkout, you will be given the option of keeping the sale items in your order and possibly paying regular price for them, or changing your order.
Weighable Items
The amount you pay for weighable items is finalized when we have the exact weight of any weighable items in your online shopping basket. These items are weighed in the store when your order is processed and charged to your credit card on delivery or pickup day.
Promotions
We occasionally offer promotional savings that may be applied to an online grocery order. The amount saved may not be included in the order total shown online, but the savings will be applied to the final cost charged to your credit card on delivery or pickup day.
• Some promotions require you to enter a code during the online checkout process. A brief description confirming the promotion savings will appear below the summary of your order total shown online.
• Some promotions do not require you to enter a code and are automatically applied to the final cost charged to your credit card on delivery or pickup day. A brief description confirming the promotion savings will appear below the summary of your order total, but the savings will not be included in the order total shown online. The savings will be shown on the printed receipt that accompanies your order.
Substitutions
If an item in your basket is not available at the store where your order is being filled on delivery or pickup day, we will substitute that item with the same item in a different size. If the item is not available in another size, we will substitute the item with a comparable brand in the same size you requested.
If you do not want us to select a substitute item, you can check the “Do Not Substitute” box associated with that item in the list shown in your shopping basket. Or you can click “Add an item note” in the product listings as you shop and then check “Do not substitute this item”.
The final cost charged to your credit card on delivery or pickup day may differ from your order total shown online due to the differing price of a substituted item or the deletion of that item from your basket if you checked the “Do Not Substitute” box.
A general substitution policy for your entire order may be set during the checkout process. If you elect to allow substitutions for an entire order, you may still mark individual items as “Do Not Substitute” in your basket.
Credits
Credits (or charges) that we have previously entered for your online grocery shopping account are automatically applied to your next order.
Some credits resulting from promotions, such as the $10 off credit you receive when a referred friend places their first order, can be applied only once per order. For instance, if you have several $10 off credits held in your online grocery shopping account for referring a friend, one $10 credit will be applied to your next three orders.
Wines and Spirits
If your order includes wines or spirits, you must schedule a pickup or delivery time that occurs Monday through Saturday. We can not deliver alcohol or offer in-store pickup of alcohol on Sundays.
If your delivery or pickup time is on a Sunday, any wines or spirits you have selected will not be included in your order. Your credit card will be charged only for the items you receive with your order.
Pricing by Weight
For certain items that are cut, prepared or packaged individually, the “per item” price you see in your shopping cart is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order, and will appear on the invoice you receive at the time of delivery. The final price you pay is always based on the actual weight of these products.
Availability of Perishable Items
Given the perishable nature of our products and our goal to always provide fresh, high-quality products, from time to time certain products may not be available due to market conditions or products may not meet our standards of quality. Therefore, we reserve the right to limit the quantity of a particular product that you may order.
Payment
Credit and certain debit cards are the only form of payment accepted by the Service. Your credit card will be charged the actual cost that is determined after preparing and weighing your order using prices that are in effect on the day of your delivery or store pickup. Lunds and Byerly’s Online Shopping will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Lunds and Byerly’s Online Shopping reserves the right to collect funds for any uncollected transactions owed to it.
If you fail to pay any costs or charges when due or if a re-delivery fee or restocking fee is imposed, Lunds and Byerly’s Online Shopping may charge such amount directly to the credit card identified in your Customer Account Information and Lunds and Byerly’s Online Shopping may suspend or terminate your access to the Service. You shall be responsible and liable for any costs, including attorneys’ costs and collection costs, that Lunds and Byerly’s Online Shopping may incur in its efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by Lunds and Byerly’s Online Shopping and/or by your credit card issuer.
Third-Party Information Providers and Merchants
In cases where the Service permits you to order and receive products, information, and services from businesses that are not owned or operated by Lund Food Holdings, Inc., Lunds and Byerly’s Online Shopping acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, 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. Lunds and Byerly’s Online Shopping 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 Lunds and Byerly’s Online Shopping 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.
Intellectual Property
Copyright
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, Lund Food Holdings, Inc. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with Lunds and Byerly’s Online Shopping for your use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Lund Food Holdings, Inc. is strictly prohibited. You acknowledge that Lund Food Holdings, Inc. 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. Lund Food Holdings, Inc. reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Lund Food Holdings, Inc.
Trademarks
“Lunds and Byerly’s Online Shopping,” all Lund Food Holdings, Inc. logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Lund Food Holdings, Inc. or otherwise proprietary to Lund Food Holdings, Inc. 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 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 the Site or the Service.
Use of the Service
Access
You will provide all equipment and services and be responsible for all telephone, electronic communications equipment, and other charges necessary to access the 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 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 Service or the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of Lunds and Byerly’s Online Shopping or which are not reasonably foreseeable by Lunds and Byerly’s Online Shopping.
User Name and Password
Access to the Service is accomplished through the use of a user name and a password that will be issued to you 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 Service with your password. You agree to notify Lunds and Byerly’s Online Shopping promptly of any unauthorized use of your password and you will remain liable for any use of the Service until you notify Lunds and Byerly’s Online Shopping of the unauthorized use of your password to the extent permitted by law.
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 Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and designated recipient for your order. You can update your information in the My Account area on the Site. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Lunds and Byerly’s Online Shopping, 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.
Corrections
If you would like to update or correct information previously provided to us, you can update your account information on the Site.
Privacy Policy
Lunds and Byerly’s Online Shopping uses technology to encrypt your credit card information in order to protect your information as it travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Sensitive information (such as credit card number) requested by our registration/order form is encrypted and is protected with encryption software. The Site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. Lunds and Byerly’s Online Shopping does not sell, rent, or trade personal information about individual customers (such as name, address, e-mail address) to third parties, or sell, rent, or trade lists of customers or use information about individual customers except to provide the Service or as described below.
1. Aggregated Information. Lunds and Byerly’s Online Shopping may use aggregated information regarding its customers and usage of the Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
2. Third Party Service Providers. Lunds and Byerly’s Online Shopping may employ other companies and individuals to perform certain functions such as delivering packages, processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
3. Sale of Business. Lunds and Byerly’s Online Shopping may transfer Customer Registration Data and other personal information in connection with the sale of Lunds and Byerly’s Online Shopping or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.
4. Enforcement of Agreement or Compliance with Law. Lunds and Byerly’s Online Shopping may use or disclose personal information when Lunds and Byerly’s Online Shopping believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Lunds and Byerly’s Online Shopping or its users or to comply with the law.
Please review our Privacy Policy, which also governs your visit to the Site and use of the 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 Service, which includes, without limitation, use of the 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 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 Lunds and Byerly’s Online Shopping 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 service, the site, and the Internet is entirely at your own risk. The service, the site, and its contents are provided on an “as is,” “as available” basis. To the extent permitted by applicable law, Lund Food Holdings, Inc. 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 service, the site, or its contents or with respect to any information, services, and products provided through or in connection with the service; Lund Food Holdings, Inc. does not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. Lund Food Holdings, Inc. 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 services. Lund Food Holdings, Inc. 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 Lund Food Holdings, Inc. nor any of its directors, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants, or licensors (collectively, “Lund Food Holdings, Inc. 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 service, or the internet. Lund Food Holdings, Inc. 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 service and to terminate this agreement. Lund Food Holdings, Inc. 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. Lund Food Holdings, Inc. controls and operates the Site and uses it for its stores in Minnesota USA. Lund Food Holdings, Inc. 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 Lunds and Byerly’s Online Shopping harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s costs 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. Lunds and Byerly’s Online Shopping may suspend or terminate this Agreement or the Service or remove or disable access to any portion of the Service at any time for any reason with or without notice to you. You may terminate this Agreement and your 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. Lunds and Byerly’s Online Shopping reserves the right to collect costs and charges incurred before you cancel your Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices
Lunds and Byerly’s Online Shopping may give notice to you of a change in this Agreement, a change in Lunds and Byerly’s Online Shopping cost schedule, and any other matter through a general posting on the Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Lunds and Byerly’s Online Shopping by electronic mail (as specified in the “Help” section of the Site).
Entire Agreement
This Agreement and the Privacy Policy referred to herein represent your entire agreement with Lunds and Byerly’s Online Shopping regarding the use of the Service and the 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, Lunds and Byerly’s Online Shopping, and its parent company and any related entity under common control.
Severability; Waiver
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.
Governing Law; Jurisdiction
This Agreement shall be governed by the laws of Minnesota without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Lunds and Byerly’s Online Shopping or relating in any way to your use of the Service or the Site resides in the federal and state courts of Minnesota and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in Minnesota in connection with any such dispute, including any claim involving Lunds and Byerly’s Online Shopping 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 Lunds and Byerly’s Online Shopping 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 Service.
Amendment
Lunds and Byerly’s Online Shopping may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective seven days after they are initially posted on the Site. By using the 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 September 1, 2006.
If you do not agree with all of the terms and conditions, do not use the Site or Lunds and Byerly’s Online Shopping Service.
If you have any questions about this Agreement or the Site please call our Customer Service representative at 952-548-1400.