- GREENELLY Service – Managing Your Orders
1.1. Ordering through the Platform. Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform. 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. You may cancel orders via the “Your Account” section of the Platform or by contacting our Customer Service Department at email@example.com. Please see the “Contact Us” section of the Platform for Customer Service hours. 1.2. Price, Availability and Substitutions. GREENELLY strives to provide you with great prices compared to the competition near your delivery address, and certain items may be priced differently depending on your last delivery address or the address you choose before placing items in your cart. We receive fresh products every day to assure you the highest quality. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that’s very similar to the item you ordered, we reserve the right to make item substitutions. If you’re not happy with the substitution, please email us at firstname.lastname@example.org. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per pound/ounce (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an 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, your payment method will not be charged. Please note: we reserve the right to limit your order or the quantity of a particular product that you may order. 1.3. Delivery Fee. A delivery fee may be added to your order. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity. 1.4. Tip. If you wish to tip, specify the tip amount on the applicable GREENELLY Platform at checkout. The tip will appear itemized on the order confirmation and included in your credit card total. The full amount of the tip, less the processing fee charged by the credit card processer, will be paid to the delivery personnel who as determined under our policies, participated in the actual delivery of your order. Another option is to provide a cash tip at the time your order is delivered. 1.5. Variable Weight Orders. Because many perishable items 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. 1.6. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.1.7. 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.
- GREENELLY Service – Payment
2.1. Credit/Debit Card Payment. To place an order, you must have a credit card or debit card (“Card”) on file with GREENELLY. GREENELLY will execute a $1.00 authorization or temporary charge on your Card to verify the validity of your account and that the information you provided to GREENELLY is correct. This authorization does not cost you anything and under most circumstances will expire in a few days (debit card authorizations typically expire in 1 to 2 days depending on your bank’s rules). If you experienced trouble enrolling with GREENELLY, you may see multiple $1.00 authorizations. These multiple charges (up to $5.00) will expire in a few days. You may edit or update your Card information in the “Your Account” section on the Platform. 2.2. Card Authorization and Estimated Costs. Your Card will be charged for your order on the day your order is delivered. Since certain perishables are priced by variable weight and the actual price is not known until we have prepared and weighed your order, we require a Card authorization for up to 125% of the estimated cost of perishables, but only charge you the actual cost that is determined after preparing and weighing your actual items. In addition, we will authorize your Card for an amount equal to 100% of the total of the non-perishable items in your order. GREENELLY will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed, FreshDirect reserves the right to collect funds for any uncollected transaction charges or fees owed to it. GREENELLY may charge a fee of $2.00 per order should a payment made via Card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due, including but not limited to returned checks, rejected electronic payments, redelivery fees or restocking fees, GREENELLY may charge such amount directly to the Card identified in your Customer Account and FreshDirect may suspend or terminate your access to the GREENELLY Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that GREENELLY may incur in its efforts to collect any unpaid balances from you. Your right to use the GREENELLY Service is subject to limits established by GREENELLY and/or by your Card issuer. 2.3. Checking Account Payment. To be eligible to pay for your order from a checking account: (1) you must have received, paid for, and settled at least one prior order; (2) there must be a valid Card identified in your Customer Account; and (3) your GREENELLY customer account must be in good standing. GREENELLY does not accept paper checks. 2.4. Your checking account payment will be processed after your order has been prepared and weighed. GREENELLY will not process orders that use an incorrect or overdrawn checking account. We will use reasonable efforts to contact you if this occurs. However, in the event such an order is processed, GREENELLY reserves the right to collect funds for any uncollected transactions owed to it. GREENELLY will automatically attempt to process checking account payments twice. If the first request is declined, GREENELLY may charge a fee of $2.00 per order to cover the cost of exception processing. If the second request is declined, GREENELLY will charge a $25.00 bounced check fee. Additionally, in the event that sufficient funds are not available in your checking account, GREENELLY will charge the full amount of the order to your Card identified in your Customer Account Information. 2.5. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, GREENELLY may charge such amount directly to the Card identified in your Customer Account and may suspend or terminate your access to the GREENELLY Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that GREENELLY may incur in its efforts to collect any unpaid balances from you. Your right to use the GREENELLY Service is subject to limits established by GREENELLY and/or by your bank. GREENELLY reserves the right to remove the online check payment option from any account for any reason at any time. 2.6. GREENELLY has limited capability to accept electronic benefits, including Supplemental Nutrition Assistance Programs (“SNAP”), through the Platform. GREENELLY does not accept paper checks or third party or manufacturer’s coupons (electronic or paper) through the Platform; however, certain discounts may be available on the Platform from time to time. 2.7. Bottle Deposit. In accordance with applicable state law, GREENELLY collects a State Bottle Deposit for each bottle of certain items, such as beer, soda, mineral water and still waters. Your total deposit amount is displayed as a separate line item in your shopping cart and on your invoice. If you wish to recover the deposit portion of the fees, empty bottles and cans may be redeemed at any redemption center, or you may bring them to the Receiving office at our facility at 5 Columbus Cir, NY 10019.
- GREENELLY Service – Delivery
3.1. Delivery of Products. GREENELLY uses refrigerated trucks with freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered. 3.2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative can accept your goods 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 you, your doorman, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery (a $4.99 redelivery fee may apply) for the same day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a cancellation fee as described above. 3.3. Unattended Delivery. In certain areas, GREENELLY may offer unattended delivery. If available in your area, this option is contained in the “Delivery” section of “Your Account” on our Platform. If you select the unattended delivery option, you, and not GREENELLY, are solely responsible for products that are left at your delivery location. 3.4. Limits and Adjustments to Delivery. GREENELLY delivers case sizes of a variety of different goods, including but not limited to laundry detergents and beverages. Given the heavy weight of some of these products, and our concern for the health and safety of our personnel, we have purchase limits on a variety of these items on our Platform. Additionally, in the interest of the health and safety of our personnel, in non-elevator buildings, the highest floor we can deliver to is the 5th floor and with orders containing 3 cases or more of beverages or other heavy items, we cannot deliver above the 4th floor. In the event of a non-functioning elevator, the preceding delivery restrictions apply. Our technology cannot and does not enforce these limits. We ask you to abide by these service limitations, as we the reserve the right to limit a delivery when an order exceeds these limitations. 3.5. Invoices. You will receive an email invoice the day of your delivery. All of your order invoices are available in the “Your Account” section of our Platform. If something is missing from your order, please contact our Customer Service department via our Customer Inquiry e-mail form. 3.6. Inclement Weather and Unforeseen Delivery Complications. 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 in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 12:30 AM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery. 3.7. Tips. GREENELLY delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel.
- Access to the GREENELLY Service
- Warranty Disclaimer; Limitation of Liability; Indemnification
5.1. YOU EXPRESSLY AGREE THAT USE OF THE GREENELLY SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE GREENELLY SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREENELLY 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 GREENELLY SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GREENELLY SERVICE; GREENELLY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. GREENELLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE GREENELLY SERVICES. GREENELLY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 5.2. NEITHER GREENELLY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “GREENELLY PARTIES”) SHALL BE LIABLE, IN CONTRACT OR IN TORT, 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 PLATFORM, THE GREENELLY SERVICE, OR THE INTERNET. GREENELLY 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 GREENELLY SERVICE AND TO TERMINATE THIS AGREEMENT. GREENELLY 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, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 5.3. The material in the Platform is provided for lawful purposes only. GREENELLY operates this Platform 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 Platform 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. 5.4. You agree to defend, indemnify, and hold GREENELLY Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney’s fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.
- Mandatory, Bilateral Arbitration.
6.1. Please read this carefully. It affects your rights. YOU AND GREENELLY AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, THE PLATFORM, OR THE GREENELLY SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equable theory. You and GREENELLY hereby agree that the Federal Arbitration Act (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association (“AAA”), pursuant to Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect (the “AAA’s Rules”). However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GREENELLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. 6.2. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND GREENELLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. 6.3. You and GREENELLY are each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. GREENELLY, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees (“Administrative Fees”), under the following circumstances: (1) for any Dispute up to $2,500, GREENELLY will pay all Administrative Fees; (2) for any Dispute over $2,500 and up to $5,000, the parties will adhere to the AAA’s Costs of Arbitration section of the Consumer Arbitration Rules, however, GREENELLY will pay all Administrative Fees upon you providing GREENELLY with a signed written notice indicating the basis for your inability to pay your portion of the Administrative Fees; and (3) for any Dispute over $5,000, the parties will adhere to the AAA’s Costs of Arbitration section of the Consumer Arbitration Rules. If the claim is determined by the arbitrator to be frivolous; however, GREENELLY will not pay any portion of your Administrator Fees. Unless you and FreshDirect agree otherwise in writing, the arbitration will take place in the county where your delivery is made. 6.4. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
- General Terms
- GREENELLY Service
8.1. Ordering through the Platform. Delivery is available on most non-holiday weekdays; check the Delivery Info page for exact delivery dates. Orders must be received before the posted cutoff time for a given delivery. Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. You can modify an existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancellation of your order) via the Platform (in the “Your Account” section) up until the posted cutoff time for that delivery. You may cancel orders via the “Your Account” section of the Platform or by contacting our Corporate Services Department via our Customer Inquiry e-mail form or at +1 (877) 877-9977 during posted hours. Please see the “Help” section of the Platform for Customer Service hours. However, modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders after the required cut-off time will result in a restocking fee equal to the fees described in the main Customer Agreement. 8.2. Delivery Requirements. To receive delivery, your requested delivery destination must be in a commercial building where GREENELLY is permitted to make deliveries and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. GREENELLY reserves the right to limit deliveries to the lobby or main entrance of your commercial building. The authorized representative can accept your goods 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 you and the authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a restocking fee as described above.
- Access to the GREENELLY Service
ID Number and Passwords. Access to the GREENELLY Service is accomplished through the use of a user name and a password that will be issued to you upon registration. If you are a Corporate Services customer, before your registration is complete, GREENELLY may require verification of your address for delivery. 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 GREENELLY Service with your password. You agree to notify GREENELLY promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or GREENELLY Service until you notify GREENELLY of the unauthorized use of your password.