Terms and Conditions
New Seasons Market Customer Agreement
This Agreement (the "Agreement") is an agreement between you and New Seasons Market ("New Seasons Market") that states the terms and conditions under which you may use the Site and receive New Seasons Market Online Shopping Service, which includes processing and delivery of product orders ("New Seasons Market Online Shopping Service"). Your use of New Seasons Market Online Shopping Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site or New Seasons Market Online Shopping Service.
If you have any questions about this Agreement or the Site please call our Help Desk representative at 503.827.4357 or 360.992.357 from Clark County.
New Seasons Market Online Shopping Service
Ordering through the Site
Orders are available for delivery seven days a week during the following time periods: noon – 2pm; 3pm – 5pm and 6pm – 8:30pm. For same day delivery, orders must be placed at least four hours prior to the beginning of the desired delivery period (pending availability.) Delivery times may change based upon your zip code.
Available delivery time periods and associated Service Fees will be shown as you proceed through the ordering process. You can place your order anytime several weeks before your delivery date. You may cancel via the "My Account" section of the Site. Note that updated orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.
Price and Availability
At New Seasons Market we receive fresh products every day to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control, or we may determine that the quality is below our standards.
Because we hand select your perishable item, the per item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order, and will appear on the invoice you receive at the time of delivery. You will always pay the true price for the actual weight of your products.
Product Information
We make every effort to provide you with accurate information regarding ingredients, nutrition, and production methods on our website. However, this information is gathered from many outside sources, and for this reason we cannot guarantee its accuracy. If you have specific dietary restrictions please contact the product supplier directly to ensure that all the information is correct. If you need help in obtaining contact information for a supplier we’d be happy to help. Just call or e-mail our help desk.
At the same time, product manufacturers change their packaging from time to time. Therefore it is possible that the image displayed on our website might not always match the product that you receive. If the product you receive is not exactly what you want, we'll gladly take it back for a no-hassle return.
Delivery of Products
To receive delivery, you must be available in person or have a designated recipient. This designated recipient 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 and must agree to sign for delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If neither you, nor your designated recipient is present during your selected delivery window, we will make reasonable efforts to contact you to reschedule delivery.
Your delivery order will arrive with an invoice that will list all of the items you have received and were billed for. If you have any questions with your order, please call our Help Desk at 503.827.4357 or 360.992.4357 from Clark County.
Age Restricted products: You must be 21 years of age or older to purchase or receive alcoholic products. Alcoholic beverages are available on the website. In order to receive delivery, the personal shopper will ask to see a picture ID and the acceptor will need to sign a form prior to you receiving the alcoholic beverages. If the acceptor of the delivery is not 21 years of age or older, the alcoholic beverages will be taken back to the store and you will be issued a credit.
In the case of inclement weather, 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 delay outside of the selected two-hour delivery period, our Help Desk representative may call or email 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.) is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location, or to reschedule delivery for a different day.
Payment
Your credit card will be charged the actual cost that is determined after preparing and weighing your order. New Seasons Market will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, New Seasons Market reserves the right to collect funds for any uncollected transactions owed to it. You shall be responsible and liable for any costs, including attorneys' costs and collection costs, that New Seasons Market may incur in its efforts to collect any unpaid balances from you. Your right to use New Seasons Market Online Shopping Service is subject to limits established by New Seasons Market and/or by your credit card issuer.
New Seasons Market Online Shopping Service does not accept checks, food stamps or coupons.
Electronic Communications
All registered customers will receive occasional email notifications with information about changes or features of our service, surveys or special offers. Registered customers can opt-out of receiving eNewsletters and email notifications. To discontinue your receipt of such emails, click here. New Seasons Market will continue to send you non-promotional communications regarding the status of your orders and your online account.
Third-Party Information Providers and Merchants
In the future, New Seasons Market Online Shopping Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by New Seasons Market. In such instances, New Seasons Market acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. New Seasons Market makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that New Seasons Market makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
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, New Seasons Market. 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 New Seasons Market 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 New Seasons Market is strictly prohibited. You acknowledge that New Seasons Market and/or third-party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. New Seasons Market reserves the right to revoke this authorization at any time., and any use shall be discontinued immediately on written notice from New Seasons Market.
Trademarks
"New Seasons Market," all New Seasons Market logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of New Seasons Market or otherwise proprietary to New Seasons Market 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 New Seasons Market Online Shopping 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 New Seasons Market Online Shopping Service.
Access to New Seasons Market Online Shopping Service
Web Access
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access New Seasons Market Online Shopping Service and the Site. Please 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 New Seasons Market 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 New Seasons Market Online Shopping 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 New Seasons Market may undertake from time to time; or (iii) causes beyond the control of New Seasons Market or which are not reasonably foreseeable by New Seasons Market.
User name and Password
Access to New Seasons Market Online Shopping Service is accomplished through the use of a user name and a password that will be issued to you upon registration. 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 New Seasons Market Online Shopping Service with your password. You agree to notify New Seasons Market promptly of any unauthorized use of your password and you will remain liable for any use of New Seasons Market Online Shopping Service until you notify New Seasons Market of the unauthorized use of your password to the extent permitted by law.
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 New Seasons Market Online Shopping Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, email address, and alternate receiver for your order. You can update your information in the “My Account” area on our Web site or contact our Help Desk at 503.827.4357 or 360.992.4357 from Clark County. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to New Seasons Market, 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. New Seasons Market'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 a secure data center. New Seasons Market 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 New Seasons Market Online Shopping 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. The minimum system requirements to use the online shopping service are as follows:
Windows:
Internet Explorer 6.0.2 (IE 6.0 recommended)
Mozilla 1.5.0.7
Macintosh:
Safari 1.3.2
Mozilla 1.5
Corrections
If you would like to update or correct information previously provided to us, please call our Help Desk at 503.827.4357 or 360.992.4357 from Clark County or you can update your account information yourself by going to “My Account” on the New Seasons Market Site.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to New Seasons Market Site and use of New Seasons Market Online Shopping 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 New Seasons Market Online Shopping Service, which includes, without limitation, use of New Seasons Market Online Shopping Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (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 New Seasons Market Online Shopping 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 New Seasons Market to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF NEW SEASONS MARKET ONLINE SHOPPING SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. NEW SEASONS MARKET ONLINE SHOPPING SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEW SEASONS MARKET 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 NEW SEASONS MARKET ONLINE SHOPPING SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH NEW SEASONS MARKET ONLINE SHOPPING SERVICE; NEW SEASONS MARKET DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. NEW SEASONS MARKET 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 NEW SEASONS MARKET ONLINE SHOPPING SERVICES. NEW SEASONS MARKET 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 NEW SEASONS MARKET NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "NEW SEASONS MARKET 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, NEW SEASONS MARKET ONLINE SHOPPING SERVICE, OR THE INTERNET. NEW SEASONS MARKET 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 NEW SEASONS MARKET ONLINE SHOPPING SERVICE AND TO TERMINATE THIS AGREEMENT. NEW SEASONS MARKET 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. New Seasons Market controls and operates this Site and uses it for its operations in the states of Oregon and Washington, USA. New Seasons Market 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 New Seasons Market harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's costs 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. New Seasons Market may suspend or terminate this Agreement or New Seasons Market Online Shopping Service or remove or disable access to any portion of New Seasons Market Online Shopping Service at any time for any reason with or without notice to you. You may terminate this Agreement and your New Seasons Market Online Shopping 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. New Seasons Market reserves the right to collect costs and charges incurred before you cancel your New Seasons Market Online Shopping Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices
New Seasons Market may give notice to you of a change in this Agreement, a change in New Seasons Market cost schedule, and any other matter through a general posting on New Seasons Market Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to New Seasons Market by telephone at 503.827.4357 or 360.992.4357 from Clark County or by electronic mail (as specified in the "Help" section of New Seasons Market Web site).
Entire Agreement
This Agreement and the Privacy Policy referred to herein represent your entire agreement with New Seasons Market regarding the use of New Seasons Market Online Shopping Service and New Seasons Market Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, New Seasons Market and any related entity under common control. 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 Oregon without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with New Seasons Market or relating in any way to your use of New Seasons Market Online Shopping Service or New Seasons Market Site resides in the federal and state courts of Oregon and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Oregon in connection with any such dispute, including any claim involving New Seasons Market Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries
The provisions of this Agreement are for the benefit of New Seasons Market 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 New Seasons Market Online Shopping Service.
Amendment
New Seasons Market may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site 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. This Agreement was last revised on July 6, 2007.