TERMS & CONDITIONS
THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT NOW AND FROM TIME TO TIME BECAUSE BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY TELEPHONE OR THROUGH THIS WEBSITE, OR BY SIGNING UP YOU ARE AGREEING TO CERTAIN TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO MAKE THIS SITE AVAILABLE TO YOU AND UPON WHICH WE WILL FACILITATE DELIVERIES TO YOU:
By accessing this website (the "Site"), by placing an order with us or by signing up you agree to the terms of this Agreement (the "Agreement") as it exists at that time. This Agreement is an agreement between you and Kozmo, LLC (the "Company" or "Kozmo"). Each time you access our website, complete the on-line registration process, or submit an order, you confirm and affirm that you have read, understand and agree to these Terms and Conditions in the form in which they appear at that time.
Orders & Delivery
When you place an order, we will utilize commercially reasonable efforts to facilitate delivery to you at the time of your choosing. The Company, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. We reserve the right to change the cost of deliveries and/or our delivery fee structure at any time. Our current delivery charge is $5.99 for each order. Please note that our delivery charge does not go to your driver but is considered revenue to the Company.
Price and Availability
From time to time products you order may be unavailable. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to delivery. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products, in which case you will not be charged.
Because we sell certain items by the unit, instead of by weight or volume, weights, were noted may be for estimation purposes only.
Where required by law, we collect Sales Tax on behalf of the State of California.
To receive delivery, you must be present to receive your order from our driver.
In an effort to meet the 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. If something is missing from your order, please call your local store at which time we will do everything reasonable in our power to ensure your satisfaction.
In the case of bad weather, or unforeseen delivery complications, deliveries may become delayed. We do not guarantee that deliveries will be completed in a specific time frame. Delivery times are subject to many things, including the weather, traffic conditions and are in all cases made at our convenience. References contained in our advertisements describing the nature of our offers (e.g., "less expensive than a trip to the store") contemplate the direct and indirect costs that a customer must bear to go to the store oneself. Because prices listed by our retail partners may change from day-to-day, the discount from retail quoted should be considered an estimate only and should not be relied upon as accurate.
Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. Because our vendors change the size of their products from time to time, we cannot guarantee the accuracy of such information displayed on our website or in our catalogs. To obtain the most up-to-date information, please contact your store and we will work to update our website with the most timely information. The Company assumes no responsibility for such information. Product information accessed through this website and our catalogs is obtained from claims made by our retailer partners and by the product`s manufacturer on its labels, or otherwise. Please note that, on occasion manufacturers may alter their labels, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not rely solely on the information presented on our website or catalog. If you have specific nutrition or dietary concerns or questions about a product, please consult the product’s label and/or contact the manufacturer directly. We assume no liability for any inaccuracies or misstatements about product information listed on our website. From time to time, our prices for products may change and may be different online from in-store.
Customers are under no obligation to tip drivers but have the option of doing so at their discretion.
We accept credit and debit cards. When you place an online order we will authorize your card for the total amount of your bill. We will submit the total amount due to our processor, net of any changes, credits, returns and tips on the next business day. In the event your card is declined we reserve the right to collect funds for any uncollected transactions owed us and to charge $25 per order should a payment made via credit card be declined. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including attorneys` fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
From time to time, we may permit you to order and receive products, information, and services from businesses that are not owned or operated by us, including our affiliated retail partners. In such instances, we act 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. We make 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 we 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, Kozmo, LLC. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that Kozmo 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. Kozmo reserves the right to revoke your use of the Site.
Kozmo.com, graphics, and button icons are service marks, trademarks, and/or trade dress of Kozmo or otherwise proprietary to Kozmo and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing 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 our service.
You hereby represent that you are an adult (21 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You will be responsible for providing proper identification at delivery for tobacco, alcohol and credit card orders.
ID Number and Passwords
Access to our Site is accomplished through the use of a user name and a password that you select 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 for charges incurred from use of our Site with your password. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of our service until you notify us of the unauthorized use of your password.
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 Site. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number and e-mail address. You can update your information in the Your Account area on our Web site or contact your local store. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us, 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.
Purchase of Alcoholic Beverages
By law, purchasers of alcoholic beverages must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). You must present identification and proof of age at the time of delivery to receive alcoholic beverages. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at our sole discretion. By signing up and checking out you do affirmatively state and certify that you are old enough to legally purchase alcohol and / or tobacco products and that you are purchasing such products for your own consumption and no other purpose. In the case of alcohol, you state and certify that you are 21 years of age or older. In the case of tobacco products, you state and certify that you are 21 years of age or older. You further certify that you will personally receive the alcoholic beverages and/or tobacco products and that you will have your identification available for inspection by our driver.
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 our service, site or systems. Among other things you agree not 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; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
In the course of our business we may buy or sell business units, engage third parties and agents, offer promotions or otherwise affiliate with other companies for the purpose of enhancing our service or business ("Related Entities"). In such case(s) your personal information may be shared with such Related Entities. We will not otherwise sell or rent any personally identifiable personal information. Nothing contained herein shall be deemed to prevent or limit the sale of your personal information as a result of a merger, consolidation, sale or other business combination.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE OUR SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. OUR SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM 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 OUR SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH OUR SERVICE; WE DO NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. WE 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 SERVICE. WE 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 THE COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "KOZMO 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 OUR SERVICE, OR THE INABILITY TO USE, THE SITE, OUR SERVICE, OR THE INTERNET. KOZMO`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 OUR SERVICE AND TO TERMINATE THIS AGREEMENT. WE RESERVE 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.
You agree to defend, indemnify, and hold Kozmo and its Affiliates harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorneys fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Kozmo may suspend or terminate this Agreement or the service or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you do not agree with the terms of this agreement you may terminate you acceptance by no longer accessing our website(s). In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
We may give notice to you of a change in this Agreement and any other matter through a posting on the Kozmo website of updates to this Agreement, or other means determined by the Company.
Kozmo may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective at the time they are initially posted on our Site. By accessing 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. In all cases as a condition of using our service, you agree to review this agreement from time to time.
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
No person shall sell or give away any alcoholic beverages to:
- Any person under the age of twenty-one years; or
- Any visibly intoxicated person.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.
SURGEON GENERAL'S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health.
All advertisements offered by the Company expire 30 days after distribution, unless otherwise stated.
We reserve the right to limit quantities.
Please note that our delivery fee, if any, does not go to your driver.