Groceries-Express.com Service
Ordering through the Site. Orders that are placed at Groceries-Express.com and require shipping via FedEx Ground are generally shipped within 48 hours.  When ordering a quantity of items that exceeds the number in inventory shipping may take as long as two weeks.  Orders delivered directly to business/residence by Groceries-Express.com drivers must be received in the one hour window chosen by the customer.  If an order is not received during this time, the order is refunded but the delivery charged is held as a restocking fee.

Price and Availability. Groceries-Express.com believes in offering the best product at the best price. We constantly maintain our inventory expiration dates in line with manufacturer guidelines. Although our goal is to fulfill 100% of each order, from time to time products may be unavailable due to market conditions beyond our control. We reserve the right to limit your order or the quantity of a particular product that you may order. If we are unable to fulfill your entire order we will make every reasonable effort to communicate changes in quantity and price. Once you complete checkout, your price, or price per pound/ounce where applicable, is guaranteed.  When substitutions are allowed the price for the substituted items will be the price charged. We will not charge the original item price for the substituted item. We will make decisions with customer's value in mind. For instance we will not subsitute an on sale item with an item that is not on sale.

Delivery of Products. Groceries-Express.com uses dry ice for frozen goods shipping via FedEx/UPS.  Upon receipt of these boxes the items must be inspected and placed in a freezer.  Any remaining dry ice must not be handled directly.  Please follow dry ice handling directions shown on the invoice for your order.  Items shipped in cool boxes must be inspected and placed into refrigerated environmnet upon delivery.  Cold shipping is shipped in a guaranteed number of days by FedEx/UPS.  If the recipient is not available or the box is left at the location, the cost of item replacement may not be covered by Groceries-Express.com  Returns will be considered on a case by case basis for these problems.  Since we will ship in a time frame guaranteed by FedEx/UPS, packages not arriving in that time frame will be refunded immediately by Groceries-Express.com when a customer requests the refund.  Cold shipped packages may require a deposit for the insulating material.   Instructions and pre-paid return label for the return of the insulation material are sent with each package.   This credit policy is listed on the invoice.
     Customers in our local delivery area have the option of inspecting the goods at the time of delivery, however adjustments to the order must be handled through the payment information provided to the web site.  Drivers do not carry cash and don't accept tips.  The delivery fee you pay is what the driver is paid for your delivery.  Problems with your order after delivery may be sent to staff@GrocExp.com

     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, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.

Payment. At the time you place your order with Groceries-Express.com using your credit card a funds authorization is placed on your card.  This is a pending transaction against your account.  This pending transaction will remain until your order is either completed or cancelled.  When the order is shipped/delivered the corrected balance due to Groceries-Express.com will be captured from the available funds pending against your credit card.  All credit cards are verified against certain portions of the credit card owner's address and check code.  If I customer disputes a transaction through their credit card company and that transaction results in a chargeback to Groceries-Express.com, we will file a lawsuit within the jurisdiction of the transaction to recover court fees, chargeback transaction fee, original transaction amount, and damages in relation to the mark on our credit score.  Any disputes concerning your credit card transaction must first be addressed to Groceries-Express.com customer service to avoid chargeback situations.

Customers may pay by check or money order.  When using the web site the option is given to pay by check instead of a credit card.  When we receive a check for your order we will deposit the check into our account.  The check may take up to 10 days to clear our bank.  In the event that a check is returned to us a $10 additional fee will apply to the next order.  If a check is presented to a delivery driver for orders in our local area, we accept the check.  If that check is returned to us by our bank, the recipient is responsible for the cost of the transaction, returned item fee ($10), court costs (if required), and additional transaction time ($20 per hour).  We will make attempts to recover the costs using various means up to and including filing a lawsuit.

License and Proprietary Rights
Copyright and Ownership. 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, Groceries-Express.com. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Groceries-Express.com for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Groceries-Express.com is strictly prohibited. You acknowledge that Groceries-Express.com 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. Groceries-Express.com reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Groceries-Express.com.

Trademarks. "Groceries-Express.com," all Groceries-Express.com logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Groceries-Express.com or otherwise proprietary to Groceries-Express.com 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 Groceries-Express.com 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 this Site or the Groceries-Express.com Service.

Access to the Groceries-Express.com Service
Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Groceries-Express.com 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 Groceries-Express.com 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 Groceries-Express.com Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Groceries-Express.com may undertake from time to time; or (iii) causes beyond the control of Groceries-Express.com or which are not reasonably foreseeable by Groceries-Express.com.

ID Number and Passwords. Access to customer specific order information through the Groceries-Express.com Service is accomplished through the use of a user name and a password that you will create in the registration process. 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 Groceries-Express.com Service with your password. You agree to notify Groceries-Express.com promptly of any unauthorized use of your password and you will remain liable for any use of the Groceries-Express.com Service until you notify Groceries-Express.com of the unauthorized use of your password.

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 Groceries-Express.com Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the My Account area on our Web site or contact our Customer Service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Groceries-Express.com, 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. Groceries-Express.com's secure server encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure database. Groceries-Express.com will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Groceries-Express.com Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Site is viewed using Microsoft's Internet Explorer or Netscape Navigator.

Purchase of Alcoholic Beverages. By law, purchasers of alcoholic beverages must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). You must present identification and proof of age at the time of delivery to receive alcoholic beverages. Groceries-Express.com reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at its sole discretion. Please note that beer, wine and/or other forms of alcoholic beverages are not available in all areas.

Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to staff@GrocExp.com , or you can update your account information yourself by going to My Account on the Groceries-Express.com Site.

Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Groceries-Express.com Site and use of the Groceries-Express.com 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 Groceries-Express.com Service, which includes, without limitation, use of the Groceries-Express.com 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 Groceries-Express.com 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 Groceries-Express.com 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 Groceries-Express.com SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE Groceries-Express.com SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Groceries-Express.com 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 Groceries-Express.com SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE Groceries-Express.com SERVICE; Groceries-Express.com DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. Groceries-Express.com 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 Groceries-Express.com SERVICES. Groceries-Express.com 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 Groceries-Express.com NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "Groceries-Express.com 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 Groceries-Express.com SERVICE, OR THE INTERNET. Groceries-Express.com'S 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 Groceries-Express.com SERVICE AND TO TERMINATE THIS AGREEMENT. Groceries-Express.com 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. Groceries-Express.com controls and operates this Site from its headquarters in Madison Heights, Michigan, USA, and 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 Groceries-Express.com Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees 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. Groceries-Express.com may suspend or terminate this Agreement or the Groceries-Express.com Service or remove or disable access to any portion of the Groceries-Express.com Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Groceries-Express.com 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. Groceries-Express.com reserves the right to collect fees and charges incurred before you cancel your Groceries-Express.com Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices . Groceries-Express.com may give notice to you of a change in this Agreement, a change in the Groceries-Express.com Fee Schedule, and any other matter through a general posting on the Groceries-Express.com Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Groceries-Express.com by telephone at 888-515-0008, by electronic mail or by conventional mail to: