Destination Grocers Terms and Conditions
This Agreement (the “Agreement”) is a legal agreement between you and Destination Grocers, LLC. (“Destination Grocers”) that states the terms and conditions under which you may receive the Destination Grocers service and use www.destinationgrocers.com. If you use the Destination Grocers’ service or www.destinationgrocers.com, you agree to these terms and conditions.
- Destination Grocers’ Delivery Service and Website. The Destination Grocers service is a transaction, information and communication service available to authorized users (“customers”) who access www.destinationgrocers.com. Destination Grocers currently provides an online grocery shopping and delivery service.
- Grocery Shopping and Delivery Service. Destination Grocers’ employees, agents or designees will shop and deliver grocery orders placed with Destination Grocers. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is paid when you place the order. Orders are placed no later than ten (10) days prior to arrival.
- Refund Policy. If an item is not available or if a mistake is made and the wrong item is delivered we will refund the cost of the item. If an item you choose is not available, we reserve the right to replace the item with an equivalent product. Destination Grocers’ liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.
Destination Grocers is not responsible, and you agree not to hold Destination Grocers or its employees responsible, for any damage or theft that occurs to an unattended delivery.
- Cancellation Policy. Reservations may be canceled up to 10 days prior to arrival without incurring a cancellation fee. If you need to cancel once your order is submitted you must call us and speak to someone to cancel. You will still be responsible for the delivery charge if you cancel. If we have already purchased your groceries, you will be responsible for the delivery charge plus the cost of your groceries. We are not responsible for delays in your travel plans including weather or mechanical issues to your vehicle therefore you are still responsible for the delivery charge and/or cost of groceries under these circumstances.
- Third Party Information Providers and Merchants. The Destination Grocers service may permit you to order and receive products, information and services from businesses which are not owned or operated by Destination Grocers. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Destination Grocers does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Destination Grocers service.
- Your Member Account. You agree to provide Destination Grocers with accurate and complete information as required by registration for the Destination Grocers service (“Customer Registration Data”), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify Destination Grocers of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Destination Grocers service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Destination Grocers immediately of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Destination Grocers Service until you notify Destination Grocers of the unauthorized use, loss or theft.
- Property Rights – www.destinationgrocers.com and Destination Grocers.
- Copyright: All content on destinationgrocers.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Destination Grocers 2017, Destination Grocers, Inc. ALL RIGHTS RESERVED, or its content providers. Destination Grocers authorizes you to view, electronically copy and to print in hard copy portions of destinationgrocers.com for the sole purpose of placing an order with Destination Grocers for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on destinationgrocers.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Destination Grocers is strictly prohibited. Destination Grocers reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Destination Grocers.
- Trademarks: All Destination Grocers logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Destination Grocers or otherwise proprietary to Destination Grocers 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 on Destinationgrocers.com are the property of their respective owners.
- Fees, Payment and Access. 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 password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Destination Grocers fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the Destination Grocers fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Destination Grocers may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Destination Grocers Inc. may incur in its efforts to collect any unpaid balances from you. Destination Grocers reserves the right to establish a credit limit for your account. Your right to use the Destination Grocers service is also subject to limits established by your credit card issuer.
- Unauthorized or Fraudulent Use. Destination Grocers does not offer the Destination Grocers Service to children. By registering for the Destination Grocers Service, you warrant that you are at least 18 years old. If you are under 18, you may use the Destination Grocers Service only with the involvement of a parent or guardian. From time to time, Destination Grocers may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and Destination Grocers reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.
- Changes in Agreement, Fee Schedule or Destination Grocers Service. Destination Grocers may at any time change any of the terms of this Agreement or the Destination Grocers fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Destination Grocers service. If Destination Grocers makes material changes to this Agreement or changes to the Destination Grocers fee schedule, Destination Grocers will provide notice to you in a manner provided in this Agreement. Your use of the Destination Grocers service after any such change will be conclusively deemed acceptance of such change. Destination Grocers may discontinue or revise any or all aspects of the Destination Grocers service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Destination Grocers Service and terminate this Agreement.
- Termination. Destination Grocers may suspend or terminate your access to the Destination Grocers service at any time for any reason with or without notice to you. You may terminate your Destination Grocers service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your Destination Grocers Service for any reason, you will not be entitled to a refund of any fees. Destination Grocers reserves the right to collect fees and charges incurred before you cancel your Destination Grocers Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
- Limitation of liability and disclaimer of warranty. Your use of the Destination Grocers service, www.destinationgrocers.com is entirely at your own risk. The Destination Grocers service, www.destinationgrocers.com and its contents are provided on an “as is”, “as available” basis. To the fullest extent permitted by law, Destination Grocers disclaims all representations and warranties, including, but not limited to, warranties as to the availability, accuracy or content of information, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose. Destination Grocers does not warrant that the functions provided by www.destinationgrocers.com will be uninterrupted or error-free, or that www.destinationgrocers.com or the server that makes it available are free from viruses or other harmful components.
Neither Destination Grocers nor any of its owners, members, employees, investors, agents, licensors or merchants (collectively, its “associates”) shall be liable for damages of any kind, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, arising from your use of, or inability to use, the Destination Grocers service, www.destinationgrocers.com , or for any other claims related in any way to your relationship with Destination Grocers. Destination Grocers’ liability is limited to crediting your account for products sold by Destination Grocers and returned by you. Because some states or jurisdictions do not allow limitations on implied warranties or of certain damages, in such states and jurisdictions warranties and liability are limited to the greatest extent permitted by law.
The material on www.Destinationgrocers.com is provided for lawful purposes only. Destination Grocers Inc. controls and operates www.Destinationgrocers.com from its headquarters in McHenry, Maryland, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use www.Destinationgrocers.com from other locations, you are responsible for compliance with applicable local laws.
- Indemnification. You agree to defend, indemnify and hold Destination Grocers and its Associates harmless from any claims and expenses, including attorney’s fees, arising in connection with a violation of this Agreement by you or through use of your account.
- Aggregated Information. Destination Grocers may use aggregated information regarding its customers and usage of the Destination Grocers service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. Destination Grocers may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. Destination Grocers may use or disclose personal information when Destination Grocers believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Destination Grocers or its users or to comply with the law.
You may at any time review and change your personal information stored by Destinationgrocers.com by contacting customer support. You may also request that Destination Grocers permanently remove all personal information stored by Destination Grocers at any time by delivering notice requesting such removal. Upon such request, Destination Grocers will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your account. At Destination Grocers, we want you to feel safe while shopping with us.
- Legal and Miscellaneous
- This Agreement states your entire agreement with Destination Grocers regarding the use of the Destination Grocers Service and www.Destinationgrocers.com. 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 Maryland without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Destination Grocers or its Associates or relating in any way to your use of the Destination Grocers or www.Destinationgrocers.com resides in the courts of Garrett County, Maryland, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Maryland in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- Sections 7 and 8 of this Agreement are for the benefit of Destination Grocers and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Destination Grocers service.
- Notices. Destination Grocers may give notice to you of a change in this Agreement, a change in the Destination Grocers Fee Schedule, and any other matter by general posting on www.Destinationgrocers.com and/or by electronic mail. You may give notice to Destination Grocers by telephone (301-501-1832), by electronic mail (visit Contact Us on www.Destinationgrocers.com ), or by conventional mail to:
Accident, MD 21520
If you have any questions about this agreement, please email us at [email protected]