Terms of Sale
These Terms of Sale (“Terms”) govern the placing of online orders for
products or services using the websites and any online services,
software or apps (“Site(s)”) provided by Hy-Vee, Inc. or its
affiliates (collectively, “Hy-Vee”, “we”, or “us” or “our”). By
submitting an order or otherwise making a purchase using the Site(s),
you agree to be bound by these Terms as well as our
Terms of Use,
which govern your use of the Site(s), and include, among other things,
grants of rights from you, limits on our liability and your remedies,
mandatory arbitration, and waiver of jury trial and class actions. If
you do not agree to be bound by the Terms of Use or 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 or services from the Site(s), which may be (i) delivered
to a physical address, or (ii) 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 these Terms and
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 order is unavailable, we will complete your
order in accordance with the substitution preference you selected at
the time of placing your order, if any. If you place a “Bulk Order” on
the 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 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 branded 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 may utilize third-party delivery
partners (“Delivery Partners”) for the delivery of your order. Hy-Vee
and its Delivery Partners will 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 by placing an order for delivery we may
share your telephone number, delivery location and other personally
identifiable information to our Delivery Partner(s) to enable the
delivery to be made by the Delivery Partner. 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 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.
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:
Text Messaging.
Governing Laws in Case of Dispute; Arbitration;
Jurisdiction.
ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF HY-VEE SERVICES,
THESE TERMS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HY-VEE,
WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION,
PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WILL BE
RESOLVED THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE
COMMERCIAL ARBITRATION RULES IN EFFECT AT THE TIME OF THE COMMENCEMENT
OF THE ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY USING
THE HY-VEE SERVICES YOU AGREE THAT HY-VEE AND YOU ARE EACH WAIVING THE
RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.
YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL
BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND
YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS
ACTION.
The Arbitration shall take place in Des Moines, Iowa, unless the
parties mutually agree in writing to an alternate location
If an arbitrator determines a particular dispute is excluded from
mandatory arbitration for any reason (including, but not limited to,
by applicable federal or state law), you agree to submit to the
jurisdiction and venue of the state or federal courts sitting in Des
Moines, Polk County, Iowa, for any action or proceeding arising out of
or relating to these Terms and the Hy-Vee Services, and each of the
parties waives any defense of inconvenient forum to the maintenance of
any action or proceeding in the state or federal courts sitting in Des
Moines, Polk County, Iowa.
You acknowledge and agree that each party shall pay the fees and costs
of its own attorneys, experts, and witnesses incurred in connection
with any arbitration or court proceeding between the parties
notwithstanding any prevailing parties attorneys' fees provision a
part of any statute under which you may bring a claim.
Changes to these Terms. These Terms are subject to
change at our discretion. We will indicate changes, including material
changes, to these Terms by updating the "Effective Date." The placing
of an order on a Site after any update to these Terms will constitute
your acceptance of the changes.
Contact Us. If you have questions or comments about
these Terms, you may contact us as follows:
Mailing Address: Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines,
Iowa 50266-8223
Toll-free Number: (800) 772-4098
Version 3.0
Last updated on February 15, 2023
©2023 Hy-Vee, Inc. All rights reserved.