Terms and Conditions

TERMS AND CONDITIONS

Welcome to the Prisco Family Market website. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE, OUR ANDROID OR OUR IPHONE APPLICATION (collectively, our “Site”). This Agreement (the “Agreement”) is an agreement between you and Prisco’s Family Market, Inc. (“Prisco’s Family Market”) that states the terms and conditions under which you may use the Site and receive Prisco’s Family Market service, which includes processing and delivery of product orders (the “Prisco’s Family Market Service”). Note that special terms for Prisco’s Family Market Corporate Services customers are contained at the end of this Agreement, and, where applicable, those terms supplement or, to the degree that they are inconsistent, supersede these terms. Your use of the Prisco’s Family Market 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, do not use the Site or the Prisco’s Family Market Service.

If you have any questions about this Agreement or the Site please call our Customer Service team at 630-264-9400.

Prisco’s Family Market Satisfaction Guarantee

All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we want to make it right. Just call us at 630-264-9400, contact us via e-mail at services@PriscosFamilyMarket.com or use our Contact Us e-mail. You have up to 3 days after purchase or delivery to return perishable products and 7 days for other products. Prisco’s Family Market requires the return of the product accompanied by your sales receipt for refunds or exchanges.

Prisco’s Family Market Online Service

Ordering through the Site. Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery windows and associated delivery fees and promotions will be shown as you proceed through the ordering process. You can place your order anytime, up to one week before your delivery date. 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 Web (in the “Your Account” section of the Site) up until the posted cutoff time for that delivery. To view delivery and cutoff times, visit the Delivery Info section of the site. 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. You may cancel orders via the “Your Account” section of the Site or by contacting our Customer Service Department at 630-264-9400 during regular store hours. 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 our perishable items are custom-ordered and guaranteed fresh) plus (B) 25% of the total dollar amount of your nonperishable items. A delivery fee may be added to your order.

Delivery of Products

To receive delivery, you must live in a residential apartment or home and you or your doorman must be present to receive your order from our driver during your selected delivery window. Additionally, after your second order with Prisco’s Family Market you may elect an alternate receiver located within your building to accept your delivery. This alternate receiver 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 alternate receiver 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 applies) for that date. 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.

Prisco’s Family Market delivers case sizes of a variety of different goods, including laundry detergent, beverages, etc. Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our web site. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) above the 5th floor, or deliver more than 3 cases of beverages above the 4th floor. In the event of a broken elevator, we also do not ask our drivers to carry groceries more than 5 floors. Our technology cannot, and does not, enforce these limits. We ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. Again, this limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.

In an effort to meet the committed delivery time for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for and you can always find a copy in the Your Account section of our website. If something is missing from your order, please call our Customer Service department at 630-264-9400 or log on and contact us via our Contact Us e-mail form.

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 as quickly as possible when the conditions permit. We will never deliver an order past 9:00 PM without a customer’s consent. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.

Credit Card Payment

Prisco’s Family Market will execute a $1 authorization or temporary charge on your credit card to verify that your account is valid and that the information you provide to Prisco’s Family Market is correct. This authorization does not cost you anything and will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your bank’s rules). If you experienced trouble enrolling with Prisco’s Family Market, you may see multiple $1 authorizations. These multiple charges (up to $5) will expire in a few days.

Your credit/debit card will be charged for your order on the day your order is processed for in-store pick-up or delivered. Since certain perishables are priced by weight and the actual price is not known until we have prepared and weighed your order, we request credit 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 order. In addition, we will authorize your credit card for an amount equal to 100% of the total of the non-perishable items in your order. Prisco’s Family Market will not process orders that attempt to 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, Prisco’s Family Market reserves the right to collect funds for any uncollected transactions owed to it. Prisco’s Family Market may charge a fee of $2 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due (which would include if a check is returned or electronic payment is rejected) or if a redelivery fee or restocking fee is imposed, Prisco’s Family Market may charge such amount directly to the credit card identified in your Customer Account Information and Prisco’s Family Market may suspend or terminate your access to the Prisco’s Family Market Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Prisco’s Family Market may incur in its efforts to collect any unpaid balances from you. Your right to use the Prisco’s Family Market Service is subject to limits established by Prisco’s Family Market and/or by your credit card issuer.

Checking Account Payment

To be eligible to pay for your order from a checking account, the following three conditions must be met: 1) you must have received, paid for, and had settled at least two prior orders; 2) there must be a valid credit card attached to your Prisco’s Family Market customer account; and 3) your Prisco’s Family Market customer account must be in good standing.

Your checking account payment will be processed after your food has been prepared and weighed. Prisco’s Family Market will not process orders that use an incorrect or overdrawn checking account. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Prisco’s Family Market reserves the right to collect funds for any uncollected transactions owed to it. Prisco’s Family Market will automatically attempt to process checking account payments twice. If the first request is declined, Prisco’s Family Market may charge a fee of $2 per order to cover the cost of exception processing. If the second request is declined, Prisco’s Family Market will charge a $25 bounced check fee. Additionally, in the event that sufficient funds are not available in your checking account, Prisco’s Family Market will charge the full amount of the order to your credit card.

If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Prisco’s Family Market may charge such amount directly to the credit card identified in your Customer Account Information and may suspend or terminate your access to the Prisco’s Family Market Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Prisco’s Family Market may incur in its efforts to collect any unpaid balances from you. Your right to use the Prisco’s Family Market Service is subject to limits established by Prisco’s Family Market and/or by your bank. Prisco’s Family Market reserves the right to remove the online check payment option from any account for any reason at any time.

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, Prisco’s Family 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 Fresh Direct 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 Prisco’s Family Market is strictly prohibited. You acknowledge that Prisco’s Family Market 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. Prisco’s Family Market reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Prisco’s Family Market.

Trademarks

“Prisco’s Family Market,” all Prisco’s Family Market logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Prisco’s Family Market or otherwise proprietary to Prisco’s Family 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 the Prisco’s Family Market 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 Prisco’s Family Market Service.

Access to the Prisco’s Family Market Service

Access. You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Prisco’s Family Market Service and the Site. You agree to comply with all laws applicable to your activities on the Prisco’s Family 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 the Prisco’s Family Market 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 Prisco’s Family Market may undertake from time to time; or (iii) causes beyond the control of Prisco’s Family Market or which are not reasonably foreseeable by Prisco’s Family Market.

ID Number and Passwords

Access to the Prisco’s Family Market Service is accomplished through the use of a user name and a password that you choose 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 the Prisco’s Family Market Service with your password. You agree to notify Prisco’s Family Market promptly of any unauthorized use of your password and you will remain liable for any use of the Prisco’s Family Market Service until you notify Prisco’s Family Market.

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 Prisco’s Family Market 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 Your Account area on our Web site or contact our Customer Service department. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Prisco’s Family 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. Prisco’s Family Market’s secure server encrypts your payment information so that it cannot be read as the information travels over the Internet. Once we receive your payment information, it is stored in our secure data center. Prisco’s Family Market will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Prisco’s Family Market 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 and bank account number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.

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). If you appear to be underage or near underage, you must present identification and proof of age at the time of delivery to receive alcoholic beverages. Prisco’s Family Market reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at its sole discretion.

Corrections

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Prisco’s Family Market Site and use of the Prisco’s Family Market 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 Prisco’s Family Market Service, which includes, without limitation, use of the Prisco’s Family Market 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 Prisco’s Family Market 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 Prisco’s Family Market to be in conflict with the letter or intent of this Agreement.

Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE PRISCO’S FAMILY MARKET SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE PRISCO’S FAMILY MARKET SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PRISCO’S FAMILY 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 THE PRISCO’S FAMILY MARKET SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE PRISCO’S FAMILY MARKET SERVICE; PRISCO’S FAMILY MARKET DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. PRISCO’S FAMILY 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 THE PRISCO’S FAMILY MARKET SERVICES. PRISCO’S FAMILY 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 PRISCO’S FAMILY MARKET NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “PRISCO’S FAMILY 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, THE PRISCO’S FAMILY MARKET SERVICE, OR THE INTERNET. PRISCO’S FAMILY MARKET’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 PRISCO’S FAMILY MARKET SERVICE AND TO TERMINATE THIS AGREEMENT. PRISCO’S FAMILY 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. Prisco’s Family Market operates this Site 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 Site 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.

You agree to defend, indemnify, and hold Prisco’s Family Market 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. Prisco’s Family Market may suspend or terminate this Agreement or the Prisco’s Family Market Service or remove or disable access to any portion of the Prisco’s Family Market Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Prisco’s Family Market 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. Prisco’s Family Market reserves the right to collect fees and charges incurred before you cancel your Prisco’s Family Market Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices. Prisco’s Family Market may give notice to you of any change or any other communication related to this Agreement through a general posting on the Prisco’s Family Market Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Prisco’s Family Market by telephone at 630-264-9400, by electronic mail using the Contact Us link on our website, or by conventional mail to:

Prisco’s Family Market 1108 Prairie Street Aurora IL 60506

Attention: CUSTOMER CARE

Entire Agreement

This Agreement and the Privacy Policy referred to herein represent your entire agreement with Prisco’s Family Market regarding the use of the Prisco’s Family Market Service and the Prisco’s Family 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, Prisco’s Family Market, and Prisco’s Family Market 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 Prisco’s Family Market or relating in any way to your use of the Prisco’s Family Market Service or the Prisco’s Family Market Site 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 Prisco’s Family Market 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.

Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Prisco’s Family 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 Prisco’s Family Market Service.

Amendment

Prisco’s Family Market may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Site for orders already placed. 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.

ADDITIONAL TERMS FOR PRISCO’S FAMILY MARKET CORPORATE SERVICES CUSTOMERS ONLY

This section applies to Prisco’s Family Market 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.

Prisco’s Family Market Service

Ordering through the Site. 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 windows and associated delivery fees and promotions will be shown as you proceed through the ordering process. You can place your order any time, up to one week before your delivery date. 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 Web (in the “Your Account” section of the Site) up until the posted cutoff time for that delivery. You may cancel orders via the “Your Account” section of the Site or by contacting our Corporate Services Department at 630-264-9400 during posted store open 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.

To receive delivery, your requested delivery destination must be in a commercial building where Prisco’s Family Market is permitted to make deliveries and you or an alternate receiver must be present to receive your order from our driver during your selected delivery window. This alternate receiver 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 your alternate receiver 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 fee as described above.

Access to the Prisco’s Family Market Service

ID Number and Passwords. Access to the Prisco’s Family Market 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, Prisco’s Family Market will need to verify 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 Prisco’s Family Market Service with your password. You agree to notify Prisco’s Family Market promptly of any unauthorized use of your password and you will remain liable for any use of the Prisco’s Family Market Service until you notify Prisco’s Family Market of the unauthorized use of your password.

This Agreement was last revised on September 1st, 2014.