Welcome to GREEN BEAN DELIVERY. PLEASE READ THE FOLLOWING AGREEMENT AND DISCLAIMER CAREFULLY BEFORE SIGNING UP FOR GREEN BEAN DELIVERY. This Agreement (“Agreement”) between you and GREEN BEAN DELIVERY, LLC. states the terms and conditions under which you may use the Site and receive the Green BEAN Delivery Service. Your use of the Green BEAN Delivery Service, or this Web Site, or receipt of deliveries from Green BEAN Delivery constitutes your acceptance of the terms and conditions of this Agreement. If you do not agree with all of the terms and conditions, do not use the Site or the Green BEAN Delivery.
If you have any questions about this Agreement or the Green BEAN Delivery please access our Site’s Frequently Asked Questions or call our Customer Service team at 314-717-1099.
100% Customer Satisfaction Guarantee
If you are dissatisfied with any item, please call us at 314-717-1099 or contact us via e-mail at firstname.lastname@example.org. You have up to two weeks after delivery to let us know you are dissatisfied with an item. Credits for unsatisfactory items will be applied to your next scheduled delivery. You may cancel our service at any time by calling or e-mailing us no later than 12:00 noon the Monday prior to your next scheduled delivery. Except for these two choices, you waive all other remedies that may otherwise be available to the maximum extent permitted by law.
Green BEAN Delivery Service
Service. We are a subscription produce delivery service. You sign up for delivery of a grocery orders. You must select one of the produce bin sizes/types as well as a weekly or biweekly schedule. You confirm your schedule and begin receiving deliveries. Your subscription and deliveries continue until you notify us to stop. Payment is due when you receive each order. If you charge your subscription to your credit card, your credit card will be charged on the day of each delivery. Some banks do not post these transactions until several days later, however, and we cannot guarantee when a charge will post.
You may change the contents of your bin as well as add items to your order the weekend before your scheduled delivery. All of your changes to orders must be received by us by 12:00 noon the Monday prior to your scheduled delivery. Milk, eggs, meat and other frozen or chilled items are specially packed to keep these items cold for up to 8 hours. Please return this special packaging with your box on your next delivery date. We try to fulfill 100% of each order, but from time to time products may be unavailable and we reserve the right to limit quantities.
Delivery. Your delivery is delivered to your door. You do not need to be home as we can leave the delivery anywhere you would like. If delivery access is restricted, you need to make arrangements for us to be able to deliver your order to your door or some other location, including your work if it is on a delivery route. It is recommended that you request your bin to be placed in a shady spot,under cover and out of sight. We request that you refrigerate or freeze perishable items as soon as possible and follow our other storage guidelines to best enjoy our products.
It is your responsibility to ensure you have placed your order correctly and to update your schedule. If a delivery is made, but you do not want it, you are still responsible for payment unless you cancel it in the timeline outlined above (12:00 noon the Monday prior to your scheduled delivery day). You understand that you are signing up for a subscription service of recurring orders and you must take action to stop deliveries.
Delivery Bins. Deliveries will be made in plastic bins with insulating liners and will be left in accordance with the delivery instructions on your Account Information. In preparation for your next delivery, simply leave out your bin with liner and the driver will pick it up. We ask that you return the bins and liners to us as we reuse them and recycle them should they break. We will contact you if we notice 5 or more unreturned bins/liners and remind you to put them out for your next regularly scheduled delivery. Please note that if the bins or liners are not returned within two weeks, there will be a $15 charge for each unreturned bin and $5 charge for each liner. Upon cancellation, a one time courtesy attempt will be made on your regularly scheduled delivery day to pick up any unreturned bins or liners. If all bins or liners are not returned, you will be charged $15 for each outstanding bin and $5 for each outstanding liner. You may bring any missing bins or liners to our wareshouse and will receive a refund for charges if you do so.
Price. The minimum order amount is $35. The final cost of each order will be dependant upon the exact cost of any meat item. In the event your order total does not meet a $35 minimum, you will be charged the difference between your order total and $35. Prices can change at any time without notice, but the prices for your order will lock in at your cut-off (12:00 noon the Monday before your delivery). If you do not notify us to stop deliveries, you accept our new pricing or pricing structure for future deliveries.
Amendments and Notices. Green BEAN Delivery may give notice to you of a change in this Agreement, a change in the Green BEAN Delivery pricing or pricing structure, and any other matter through a change in the Site, by delivery of a notice to you with your Produce Bin, by electronic mail or by conventional mail to your address contained in our customer records. You may give notice to Green BEAN Delivery by telephone at 314-717-1099, by electronic mail to email@example.com or by conventional mail to:
Green BEAN Delivery
1071 Cool Springs Industrial Drive
O’Fallon, Missouri 63366
Your notice needs to be received by 12:00 noon the Monday before your next delivery to be effective for that delivery.
Third-Party Information Providers and Merchants. In the future, the Green BEAN Delivery Service may permit you to order and receive additional products, information, and services from Green BEAN Delivery or businesses that are not owned or operated by Green BEAN Delivery. In such instances, Green BEAN Delivery 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. Green BEAN Delivery 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 Green BEAN Delivery 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; Site collection, selection, and arrangement; and all software are the property of, or duly licensed to, Green BEAN Delivery. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the purpose of subscribing to the Green BEAN Delivery Service. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than that noted above, without the prior written permission of Green BEAN Delivery is strictly prohibited. You acknowledge that Green BEAN Delivery 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 material. Green BEAN Delivery reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Green BEAN Delivery.
Trademarks. “Green BEAN Delivery” and all Green BEAN Delivery logos, titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Green BEAN Delivery or otherwise proprietary to Green BEAN Delivery 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 Green BEAN Delivery 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 Green BEAN Delivery Service.
Access to the Green BEAN Delivery Service
Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Green BEAN Delivery Service and the Site. You should 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 the Green BEAN Delivery Site and with the terms of this Agreement. You 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 under it.
You acknowledge that from time to time the Green BEAN Delivery 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 Green BEAN Delivery may undertake from time to time; or (iii) causes beyond the control of Green BEAN Delivery or which are not reasonably foreseeable by Green BEAN Delivery.
Account Access and Passwords. Access to the Green BEAN Delivery Service via website is accomplished through the use of a user name (your email address) and a password of your choosing 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 Green BEAN Delivery Service with your password. You agree to notify Green BEAN Delivery promptly of any unauthorized use of your password and you will remain liable for any use of the Green BEAN Delivery Service until you notify Green BEAN Delivery of the unauthorized use of your password.
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 Green BEAN Delivery Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and delivery instructions. You can update your information in the Account Information area on our Web site or contact our Customer Service team. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Green BEAN Delivery, 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. Green BEAN Delivery uses a secure server that 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 our secure data center. Green BEAN Delivery will keep your credit card number partially encrypted at all times in the effort to ensure that your credit card information remains confidential.
Corrections. To update or correct information provided to us, please contact us with your new information as soon as it is known to you by calling us 314-717-1099 or by e-mailing firstname.lastname@example.org, or update your account information yourself by going to the Site.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE GREEN BEAN DELIVERY SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE GREEN BEAN DELIVERY SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREEN BEAN DELIVERY 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 GREEN BEAN DELIVERY SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GREEN BEAN DELIVERY SERVICE; GREEN BEAN DELIVERY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. GREEN BEAN DELIVERY 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 GREEN BEAN DELIVERY SERVICE. GREEN BEAN DELIVERY 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 GREEN BEAN DELIVERY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “GREEN BEAN DELIVERY 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 GREEN BEAN DELIVERY SERVICE, OR THE INTERNET. A COURTESY EMAIL REMINDER WILL BE SENT TO THE EMAIL ADDRESS ON YOUR ACCOUNT THE THURSDAY PRIOR TO DELIVERY. THIS IS ONLY A REMINDER AND IT IS YOUR RESPONSIBILITY TO KEEP TRACK OF UPCOMING DELIVERIES. GREEN BEAN DELIVERY IS NOT LIABLE FOR CUSTOMERS NOT RECEIVING THIS EMAIL. NOT RECEIVING THIS EMAIL DOES NOT PRECLUDE YOU FROM PAYMENT FOR THE SCHEDULED DELIVERY. GREEN BEAN DELIVERY LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A CREDIT OR REFUND FOR ANY PRODUCT THAT DOESN’T MEET YOUR EXPECTATIONS. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE GREEN BEAN DELIVERY SERVICE AND TO TERMINATE THIS AGREEMENT. GREEN BEAN DELIVERY RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. THE COST OF GOODS MAY BE DIFFERENT FROM WHAT IS ACTUALLY CHARGED DEPENDENT ON THE WEIGHT OF THE ITEM. GREEN BEAN DELIVERY RESERVES THE RIGHT TO CHANGE PRODUCE ITEMS BY LOCATION OF ORIGIN, VARIETY, WEIGHT WHEN NECESSARY. ITEMS ON THE WEBSITE ARE SUBJECT TO CHANGE BASED ON AVAILABILTY. 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.
Indemnification. You agree to defend, indemnify, and hold Green BEAN Delivery 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.
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Green BEAN Delivery may suspend or terminate this Agreement or the Green BEAN Delivery Service or remove or disable access to any portion of the Green BEAN Delivery Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Green BEAN Delivery Service at any time for any reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. Green BEAN Delivery reserves the right to collect fees and charges incurred before you cancel your Green BEAN Delivery Service.
Entire Agreement. This Agreement is your entire agreement with Green BEAN Delivery regarding the use of the Green BEAN Delivery Service and the Green BEAN Delivery 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, Green BEAN Delivery, and Green BEAN Delivery 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 Ohio without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Green BEAN Delivery or relating in any way to your use of the Green BEAN Delivery Service or the Green BEAN Delivery Site resides in the federal and state courts of Ohio and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in Hamilton County, State of Ohio in connection with any such dispute, including any claim involving Green BEAN Delivery 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.