Aisles Online and Market Grille Terms & Conditions
Terms and Conditions.
These Terms and Conditions (“Terms”) govern your access and use of (i) the Aisle Online® website (located at www.hy-vee.com/grocery) and the Aisles Online® mobile application (collectively, the “Aisles Online® Sites”) and (ii) the Market Grille® website (located at https://marketgrille.hy-vee.com) and the Market Grille® mobile application (collectively, the “Market Grille® Sites” and with the Aisles Online Sites®, the “Sites”) owned and operated by Hy-Vee, Inc. ("Hy-Vee", "us" or "we"). By accessing, using, downloading or installing the Site(s), you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access, use, download, or install the Site(s). If you are using the Site(s) on behalf of a business or entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity. These Terms may be changed from time to time and without notice at Hy-Vee's sole discretion and as provided by applicable law. You should check these Terms frequently for any such changes, but, in any case, your continued access or use of the Site(s) shall constitute acceptance of any such modifications. If any provision of these Terms are deemed to be unlawful, void, or for any reason unenforceable, such provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions.
Orders. These Terms apply to placing online orders for products from the Site(s), which may be (i) delivered to a physical address, (ii) delivered to a pickup locker, or (iii) picked up from a participating location. You must create an online account with Hy-Vee in order to place orders for products from us via the Site(s). Any personal information that we obtain from you will be subject to our privacy policy. You may order items by selecting products on the Site(s) and submitting your order through the Site(s) in accordance with these Terms. Any order you place via the Site(s) for products is an offer by you to purchase the products for the designated price (including the delivery and other charges and taxes, if applicable) at the time you place your order. We reserve the right to accept or reject your order for any reason. Each order that we accept results in an agreement between you and us for the supply of those products in the order pursuant to these Terms. Any applicable minimum purchase amount that applies to delivery and pickup orders will be available on the Site(s). We reserve the right to amend at any time our minimum spend requirements, which are clearly defined during the ordering and checkout process. All products are subject to availability at the location where you place your order. If an item in your Aisles Online® Site order is unavailable, we will complete your order in accordance with the substitution preference you selected at the time of placing your order. If you place a “Bulk Order” on the Aisles Online® Site(s), additional handling charges may apply, in which case we will contact you to advise you of the additional handling charges. Bulk Orders may include (a) an order for an abnormal quantity of products, (b) an order for products with an excessive total weight, or (c) multiple orders placed over a several day period that, when combined, meet the criteria in (a) or (b). Bulk orders will be fulfilled based on available inventory levels on hand. In addition, we reserve the right to limit quantities of products for any reason in our sole discretion.
Pricing. The prices shown on the Site(s) may not reflect the prices available in our retail stores and/or restaurants. The price of an item on the Site(s) may not be the same or correspond to the prices in any of our retail stores or restaurants for the same item. The price of each item is shown on the Site(s) at the time you place your order. The prices of items in your cart will continue to update up until the time you place your order on the Site(s). If you purchase an item in your Aisles Online® Site(s) order that has an approximate weight, you will receive an estimated weight and price for that item during the ordering process and charged for the actual weight when your order is assembled. A delivery or pickup fee applies to all Site(s) orders unless otherwise stated during the ordering process. For the current delivery fees, see the Site(s). We reserve the right to amend at any time our delivery fees and pickup fees, which are clearly defined during the ordering and checkout process. Certain promotional pricing is only valid during specific dates and may have other requirements that must be met in order to receive the promotional pricing. We reserve the right to cancel any orders containing pricing errors at any time, during or after the ordering process, with no further obligations to you. Our pricing policies are subject to change from time to time and at Hy-Vee's sole discretion and as provided by applicable law.
Payment. By submitting your order, you agree to pay (a) the purchase price of each product that is ordered, (b) the applicable delivery fee to your order, (c) any cancellation fee that may apply for cancelling your order, and (d) any other applicable fees, taxes and charges applicable to your order. We accept the following credit cards and gift cards for payment: Visa, Mastercard, American Express, Discover, Hy-Vee Gift Cards, and Market Grille Gift Cards. If paying with a Hy-Vee Gift Card or Market Grille Gift Card, you will be required to provide a valid credit card to cover any amounts beyond the limits of your Hy-Vee Gift Card or Market Grille Gift Card. Your payment is due and your card will be charged upon completion of processing your order on the day of your delivery or pickup. Your payment is subject to our security policy, which can be found here: Security Policy.
Delivery. We only deliver items ordered through the Site(s) to a location where we provide delivery services for those products and where someone is present to accept the order. You acknowledge and agree that any person who accepts delivery of your order at your designated delivery location is authorized by you to receive your order. We may require the person accepting delivery of your order to provide us with proof of identity and age, if relevant. We may also ask to see the card used to purchase the order for verification purposes. If there is no one home or no age appropriate person home, if relevant, to accept delivery of your order, we will be unable to deliver your order and may contact you to arrange for delivery at a different time in which case additional charges and delivery fees may apply. Risk of loss in and title to your ordered products passes to you upon the loading of your order into the delivery vehicle. Additional information regarding delivery requirements, times and fees can be found on the Site(s).
Cancelling or Changing an Order. You may request that your order be cancelled or changed by contacting us at the contact information provided in your confirmation email. The applicable retail store or restaurant will determine whether or not it is able to cancel or change your order as requested, in which case you may be subject to a restocking fee. Changes to delivery or pickup times after the time the order is submitted may not be available.
Pickup Locker Orders. To use a pickup locker for your Aisles Online® Site order, during the ordering process, you must select a pickup locker location. By selecting a pickup locker for delivery of your your Aisles Online® Site order, you agree to comply with the requirements contained in these Terms and such other requirements that we notify to you when you place your pickup locker order on the Aisle Online Site. During the ordering process, you will be provided with a collection date and timeframe, which you may choose to accept by placing the order or decline by not placing the order. Once your Aisles Online® Site order is placed, you will receive an email containing your collection date and timeframe, a unique PIN that is required for pickup, and instructions on how to pick up your order from your selected pickup locker location. If you fail to pick up your order during your designated timeframe, we may contact you to arrange for pickup at a different time and/or location and additional charges for perishable items and transport fees may apply. Risk of loss in and title to your ordered products passes to you upon the loading of your Aisles Online® Site order into the delivery vehicle for delivery to the designated pickup locker location.
Alcohol Policy. For orders containing alcohol, we are committed to providing responsible service to our customers, we follow all applicable state and federal regulations about the sale of alcohol. Alcohol sales and delivery varies by state so the availability of alcohol, delivery time, Sunday sales and delivery will vary. In all instances, where available, the person signing for the order must be at least 21 years of age and must provide a valid ID. A restocking fee may be assessed if a qualified adult is not available.
No one under 21 years of age may place or receive an order from the Aisles Online Site that includes wine, beer or spirits. We will check identification of all customers receiving alcohol. If a qualified adult is not available to approve and sign for delivery of alcohol items, those items will be removed from the order. Your account will be credited for the full amount of any items you do not receive and a restocking fee may be assessed. If this results in a balance due, your account will be charged.
Hours of alcohol delivery vary by state law. In the unlikely event that deliveries are running late, due to bad weather or any other reason, alcohol may need to be removed from orders if they will be delivered outside of the legal window for delivery. Your account will be credited for the full amount of any items you do not receive. In this case, a restocking fee will not be assessed.
Also, our delivery people have discretion with regard to the delivery of alcohol. If it is suspected that a person over 21 is accepting the delivery of alcohol for consumption by a minor or the person accepting the delivery of alcohol is intoxicated, our delivery people may refuse to deliver the alcohol.
Warranties. You warrant that (a) all information provided by you through the Site(s) (including as part of the account registration process) are true, accurate, complete and up to date; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Hy-Vee; (c) the person receiving or picking up your order is authorized to do so; and (d) you have complied and will comply with all applicable laws relating to your use of the Site(s).
Liability. You acknowledge that the Site(s) and the online shopping and ordering services are provided on an “as is” and “as available” basis and that we do not make any warranty or representation as to its availability, usability, or fitness for a particular purpose. We make no warranty or representation as to the merchantability or fitness for a particular purpose of any ordered product, deliveries, pickup orders or otherwise. We do not warrant that any information provided by our suppliers, including product descriptions or other content, is accurate, complete, reliable, current or error-free. We are not liable to you if we are unable to supply a particular product. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site(s), any product ordered, deliveries, pickup orders or otherwise. To the fullest extent permitted by applicable laws, we will not be liable to you for any claims, losses, demands, or damages of any kind whatsoever with respect to or connected to these Terms, your use of the Site(s), unauthorized use of your credit card or the products purchased from the Site(s), including, without limitation, direct, indirect, incidental, or consequential losses or damages, whether it be in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, loss or corruption of data and any other commercial or economic loss of any kind). Further, our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by them is limited to the aggregate dollar amount paid by you to Hy-Vee for the applicable order related to the loss or damage or the most recent order from the applicable Site, if such loss is not directly related to any one order or use of the Site(s). This limit applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Termination and Suspension of Account. You may stop using the Site(s) at any time and for any reason. We may stop making the Site(s) or any part of it available without prior notice. If we determine in our sole discretion that you are in breach of these Terms or have used Site(s) in a fraudulent or improper manner, we reserve the right to terminate or suspend your account, cancel any outstanding orders, refuse future service to you, and/or remove or edit any content from the Site(s).
Privacy and Security Policies. Your use of the Site(s) is subject to our privacy policy and security policy, which are part of these Terms and are incorporated by their reference. You acknowledge and agree to our privacy policy and security policy, which can be found here: Privacy Policy and Security Policy.
Text Message Services Terms & Conditions. Your use of our text message services as part of your use of the Site(s) is subject to our text message services terms and conditions, which are a part of these Terms and are incorporated by their reference. You acknowledge and agree to our text message services terms and conditions, which can be found here: https://www.hy-vee.com/corporate/policy/text-message-services-terms-conditions/.
Choice of Law and Jurisdiction. You agree that (a) any and all disputes, claims, and causes of action arising out of or connected with your use of the Site(s) or the purchased products, the delivery of the products, the pickup of the products, or your use of the pickup lockers will be resolved individually, without resort to any form of class action; (b) to the fullest extent permitted by law, you waive any right to a jury trial in any action or other legal proceeding arising out of or relating to these Terms, your use of the Site(s) or the purchased products, the delivery of the products, the pickup of the products, or your use of the pickup lockers; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or your and our rights and obligations shall be governed by the laws of the State of Iowa, without regard to conflicts of law principles or rules, and all proceedings shall take place in the District Court in and for Polk County, Iowa.
Version 2.0
Last updated on February 27, 2019
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