Terms & Conditions
Welcome to Phil Paul Grocery. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER
CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.
This Customer Agreement (the "Agreement") is an agreement between you and Phil Paul Grocery,
LLC or its affiliates (" Phil Paul Grocery") that states the
terms and conditions under which you may use our website (the "Site"), our mobile
applications (each an "App") (the Site and Apps are collectively, "Platform") and
receive Phil Paul Grocery service, which includes processing and delivery (or
arranging for delivery) of product orders (the "Phil Paul Grocery Service").
Your use of the Phil Paul Grocery Service and the Platform constitutes your
agreement to the terms and conditions set forth below. If you do not agree with
all of the terms and conditions, do not use the Platform or the Phil Paul Grocery
Service.
Phil Paul Grocery Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee.
If you are dissatisfied for any reason, contact us via e-mail at [email protected].
For grocery or perishable products, you have up to seven (3) days after delivery,
or until the expiration date printed on the product — whichever is earlier — to
contact us about the products. For frozen products, you have up to twenty-one (3)
days after delivery to contact us about the products. Phil Paul Grocery may
require the return of the product with which you are dissatisfied before we substitute
an acceptable item or issue a credit voucher.
1. Phil Paul Grocery - 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 time-slots 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.
1.2. Price, Availability and Substitutions. Phil Paul Grocery 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 [email protected].
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
Phil Paul Grocery 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.
2. Phil Paul Grocery 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 Phil Paul Grocery. Phil Paul Grocery
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 Phil Paul Grocery
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 Phil Paul Grocery, you may see multiple $1.00 authorizations. These multiple
charges (up to $5.00) will expire in a few days.
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.
Phil Paul Grocery 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, Phil Paul Grocery
reserves the right to collect funds for any uncollected transaction charges or fees
owed to it. Phil Paul Grocery 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, Phil Paul Grocery may charge such amount directly to the
Card identified in your Customer Account and Phil Paul Grocery may suspend
or terminate your access to the Phil Paul Grocery Service. You shall be responsible
and liable for any fees, including attorneys' fees and collection costs, that Paul's
Mobile Grocery may incur in its efforts to collect any unpaid balances from you.
Your right to use the Phil Paul Grocery Service is subject to limits established
by Phil Paul Grocery 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
Phil Paul Grocery customer account must be in good standing. Paul's Mobile
Grocery does not accept paper checks.
2.4. Your checking account payment will be processed after your order has been
prepared and weighed. Phil Paul Grocery 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, Paul's Mobile
Grocery reserves the right to collect funds for any uncollected transactions owed
to it. Phil Paul Grocery will automatically attempt to process checking account
payments twice. If the first request is declined, Phil Paul Grocery may charge
a fee of $2.00 per order to cover the cost of exception processing. If the second
request is declined, Phil Paul Grocery will charge a $25.00 bounced check fee.
Additionally, in the event that sufficient funds are not available in your checking
account, Phil Paul Grocery 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, Phil Paul Grocery may charge such amount directly
to the Card identified in your Customer Account and may suspend or terminate your
access to the Phil Paul Grocery Service. You shall be responsible and liable
for any fees, including attorneys' fees and collection costs, that Paul's Mobile
Grocery may incur in its efforts to collect any unpaid balances from you. Your
right to use the Phil Paul Grocery Service is subject to limits established
by Phil Paul Grocery and/or by your bank. Phil Paul Grocery reserves the
right to remove the online check payment option from any account for any reason
at any time.
2.6. Phil Paul Grocery has limited capability to accept electronic benefits,
including Supplemental Nutrition Assistance Programs ("SNAP"), through the Platform.
Phil Paul Grocery 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, Phil Paul Grocery
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 23-30 Borden
Avenue, Long Island City, NY.
3. Phil Paul Grocery Service - Delivery
3.1. Delivery of Products. Phil Paul Grocery 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, Phil Paul Grocery 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 Phil Paul Grocery, are solely responsible for
products that are left at your delivery location.
3.4. Limits and Adjustments to Delivery. Phil Paul Grocery 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. Phil Paul Grocery 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.
4. Warranty Disclaimer; Limitation of Liability; Indemnification
6.1. YOU EXPRESSLY AGREE THAT USE OF THE Phil Paul Grocery SERVICE, THE PLATFORM,
AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE Phil Paul Grocery SERVICE,
THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Phil Paul Grocery 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 Phil Paul Grocery SERVICE, THE PLATFORM, OR ITS
CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH
OR IN CONNECTION WITH THE Phil Paul Grocery SERVICE; Phil Paul Grocery DOES
NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY
SUCH INFORMATION, SERVICE, OR PRODUCTS. Phil Paul Grocery 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 Phil Paul Grocery SERVICES. Phil Paul Grocery 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.
6.2. NEITHER Phil Paul Grocery NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS,
THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, " Paul's
Mobile Grocery 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 Phil Paul Grocery SERVICE, OR THE
INTERNET. Phil Paul Grocery 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 Phil Paul Grocery SERVICE AND
TO TERMINATE THIS AGREEMENT. Phil Paul Grocery 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.
6.3. The material in the Platform is provided for lawful purposes only. Paul's
Mobile Grocery 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.
6.4. You agree to defend, indemnify, and hold Phil Paul Grocery 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.
7. Mandatory, Bilateral Arbitration.
7.1. Please read this carefully. It affects your rights. YOU AND Paul's Mobile
Grocery, THIS AGREEMENT, THE PLATFORM, OR THE Phil Paul Grocery 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 Paul's
Mobile Grocery 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 Phil Paul Grocery ARE EACH WAIVING THE RIGHT TO A TRIAL
BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
7.2. 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 Phil Paul Grocery 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.
7.3. You and Phil Paul Grocery are each are responsible for our respective
costs relating to counsel, experts, and witnesses, as well as any other costs relating
to the arbitration. Phil Paul Grocery, 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, Phil Paul Grocery 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, Fresh Direct
will pay all Administrative Fees upon you providing 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, Phil Paul Grocery will
not pay any portion of your Administrator Fees. Unless you and Phil Paul Grocery
agree otherwise in writing, the arbitration will take place in the county where
your delivery is made.
7.4. 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.
8. General Terms
8.1. Termination. This Agreement is effective upon your acceptance as set forth
herein and shall continue in full force and effect until terminated. Paul's Mobile
Grocery may suspend or terminate this Agreement or the Phil Paul Grocery Service
or remove or disable access to any portion of the Phil Paul Grocery Service
at any time for any reason with or without notice to you. You may terminate this
Agreement and your Phil Paul Grocery 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. Paul's Mobile
Grocery reserves the right to collect fees and charges incurred before you cancel
your Phil Paul Grocery Service. In addition, you are responsible for any charges
incurred to third-party vendors or content providers prior to your cancellation.
8.2. Notices. Phil Paul Grocery may give notice to you of any change or any
other communication related to this Agreement through a general posting on the Platform,
by electronic mail, or by conventional mail to your address contained in the "Your
Account" section of the Platform. You may give notice to Phil Paul Grocery by
e-mail (as specified in the "Help" section of the Platform), or by conventional
mail to:
Phil Paul Grocery
1918 Freeman St
Houston, TX 77009
Attention: CUSTOMER SERVICE
8.3. Entire Agreement. This Customer Agreement, the Platform Terms of Use, and
the Privacy Policy referred to herein represent your entire agreement with Paul's
Mobile Grocery regarding the use of the Service and the Platform. You agree that
this Agreement is not intended to confer and does not confer any rights or remedies
upon any person other than you, Phil Paul Grocery, and Phil Paul Grocery
Parties. 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 New York without regard to its conflict of laws rules. You expressly
agree that exclusive jurisdiction for any claim or dispute with Phil Paul Grocery
or relating in any way to your use of the Service or the Platform resides in the
federal and state courts of New York and you further expressly consent and agree
to personal jurisdiction by the state and federal courts sitting in the State of
New York in connection with any such dispute, including any claim involving Paul's
Mobile Grocery Parties. Any cause of action by you must be instituted within one
year after the claim or cause of action has arisen, or it shall be barred.
8.4. Third-Party Beneficiaries. The provisions of this Agreement are for the
benefit of Phil Paul Grocery 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 Phil Paul Grocery Service.
8.5. Amendment. Phil Paul Grocery may amend this Agreement at any time by
posting the amended terms on our Platform. All amended terms shall automatically
be effective for orders placed after posting and seven days after they are initially
posted on our Platform for orders already placed. By using this Platform 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.
ADDITIONAL TERMS FOR Phil Paul Grocery CORPORATE SERVICES CUSTOMERS ONLY
This section applies to Phil Paul Grocery Corporate Services Customers
only; if any terms in this
section are inconsistent with any terms above, the terms of this section shall
apply
with respect or Corporate Services Customers. All other terms of the Customer
Agreement,
above, apply to Corporate Services Customers.
9. FreshDirect Service
9.1. 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. 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.
9.2. Delivery Requirements. To receive delivery, your requested delivery destination
must be in a commercial building where Phil Paul Grocery 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. Paul's Mobile
Grocery 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.
10. Access to the Phil Paul Grocery Service
ID Number and Passwords. Access to the Phil Paul Grocery 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,
Phil Paul Grocery 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 Phil Paul Grocery password
and you will remain liable for any use of the Platform or Phil Paul Grocery
Service until you notify Phil Paul Grocery of the unauthorized use of your
password.
This Agreement was last revised on January 17, 2018.