Our Terms and Policy PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE ("Site"). This Agreement (the "Agreement") is an agreement between you and Koaher Gourmet Market,. Koaher Gourmet Marketthat states the terms and conditions under which you may use the Site and receive the Koaher Gourmet Market service, which includes processing and delivery of Products orders (the "Koaher Gourmet Market Service"). Note that special terms for corporate depot and for Koaher Gourmet 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 Koaher Gourmet 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 Koaher Gourmet Market Service. If you have any questions about this Agreement or the Site please access our Customer Agreement Frequently Asked Questions in the "Help" section of the Site or call our Customer Service team Koaher Gourmet Market Satisfaction Guarantee All of our Products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, please call us at 1-(718) 947-1000or contact us via e-mail at service@Koaher Gourmet Market or log on and contact us via our Customer Inquiry e-mail. You have up to seven days after delivery, or until the expiration date printed on the Products - whichever is earlier, to return grocery or perishable Products and 21 days for frozen Products. We will decide whether to replace the Products with an acceptable Products or give you 100% of your money back for the item with which you are dissatisfied. Koaher Gourmet Market may require the return of the Products with which you are dissatisfied before substitution of an acceptable item or the return of your money. Koaher Gourmet Market Service Ordering through the Site. Orders must be received before posted cutoff times for next day/evening delivery (See Delivery of Products below for details). Available delivery windows and associated delivery charges 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 on the day prior to the delivery date (or earlier for weekend deliveries). To view delivery and cutoff times visit the Delivery Info section of the site. You may cancel orders via the "Your Account" section of the Site or by contacting our Customer Service Department at 1-(718) 947-1000during posted hours. Please see the Get Help section of the site for Customer Service 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 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 plus (C) 50% of the total dollar amount of your beer items, excluding fees and tax. Price and Availability. At Koaher Gourmet Market we believe in offering our customers the best Products at the best price. 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 to quality that is below our standards. We reserve the right to limit your order or the quantity of a particular Products that you may order. 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, or price per pound/ounce where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced Products; we will contact you immediately in such circumstances, and, of course, your credit card or checking account will not be charged. Because we custom-cut, -select, and -order your perishables, 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 always pay the true price for the actual weight of your Products. Delivery of Products. Koaher Gourmet Market uses refrigerated trucks with freezer compartments to maintain the quality and integrity of your Products. To maintain the integrity of Products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We guarantee your Products (with the exception of frozen items) will remain fresh in the delivery box at room temperature (78 degrees) for two (2) hours from the time of delivery. Frozen items must immediately be placed in a freezer. 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 Koaher Gourmet 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 neither you, your doorman, nor your alternate receiver is present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that night. 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 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 plus (C) 50% of the total dollar amount of your beer items, excluding fees and tax. 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. If something is missing from your order, please call our Customer Service department at 1-(718) 947-1000or log on and contact us via our Customer Inquiry 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 the first possible moment the conditions permit. We will never deliver an order past 12:30 AM without a customer's consent. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date. Koaher Gourmet Market Drivers are allowed to accept tips. Customers are under no obligation to tip Drivers but have the option of doing so if exceptional service is provided by the Driver. Credit Card Payment. Your credit/debit card will be charged for your order on the day your order is 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. Koaher Gourmet 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, Koaher Gourmet Market reserves the right to collect funds for any uncollected transactions owed to it. Koaher Gourmet Market may charge a nominal 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, Koaher Gourmet Market may charge such amount directly to the credit card identified in your Customer Account Information and Koaher Gourmet Market may suspend or terminate your access to the Koaher Gourmet Market Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Koaher Gourmet Market may incur in its efforts to collect any unpaid balances from you. Your right to use the Koaher Gourmet Market Service is subject to limits established by Koaher Gourmet 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 and paid for at least two prior orders. 2) There must be a valid credit card attached to your Koaher Gourmet Market customer account. 3) Your Koaher Gourmet Market customer account must be in good standing. Your checking account payment will be processed after your food has been prepared and weighed. Koaher Gourmet 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, Koaher Gourmet Market reserves the right to collect funds for any uncollected transactions owed to it. Koaher Gourmet Market will automatically attempt to process checking account payments two times. If the first request is declined, Koaher Gourmet Market may charge a nominal fee of $2 per order to cover the cost of exception processing. If the second request is declined, Koaher Gourmet Market will charge a $25 bounced check fee. Additionally, in the event that sufficient funds are not available in your checking account, Koaher Gourmet 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, Koaher Gourmet 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 Koaher Gourmet Market Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Koaher Gourmet Market may incur in its efforts to collect any unpaid balances from you. Your right to use the Koaher Gourmet Market Service is subject to limits established by Koaher Gourmet Market and/or by your bank. Koaher Gourmet Market reserves the right to withdraw the online check payment option from any account for any reason at any time. Koaher Gourmet Market does not accept paper checks, food stamps, or coupons at this time. Third-Party Information Providers and Merchants. In the future, the Koaher Gourmet Market Service may permit you to order and receive Products, information, and services from businesses that are not owned or operated by Koaher Gourmet Market. In such instances, Koaher Gourmet Market acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, 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. Koaher Gourmet 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 Koaher Gourmet 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, Koaher Gourmet 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 Koaher Gourmet Market for your use. Any other use of materials on this Site, including modification, distribution, or reProductsion for purposes other than those noted above, without the prior written permission of Koaher Gourmet Market is strictly prohibited. You acknowledge that Koaher Gourmet 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. Koaher Gourmet Market reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Koaher Gourmet Market. Trademarks. "Koaher Gourmet Market," all Koaher Gourmet Market logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Koaher Gourmet Market or otherwise proprietary to Koaher Gourmet Market and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, Products names, and company names or logos appearing in the Koaher Gourmet 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 Koaher Gourmet Market Service. Access to the Koaher Gourmet Market Service Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Koaher Gourmet Market 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 Koaher Gourmet 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 Koaher Gourmet 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 Koaher Gourmet Market may undertake from time to time; or (iii) causes beyond the control of Koaher Gourmet Market or which are not reasonably foreseeable by Koaher Gourmet Market. ID Number and Passwords. Access to the Koaher Gourmet Market 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 the Koaher Gourmet Market Service with your password. You agree to notify Koaher Gourmet Market promptly of any unauthorized use of your password and you will remain liable for any use of the Koaher Gourmet Market Service until you notify Koaher Gourmet Market of the unauthorized use of your password. You’re 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 Koaher Gourmet 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. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Koaher Gourmet 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. Koaher Gourmet 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. Koaher Gourmet 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 Koaher Gourmet 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. This technology works best when the Site is viewed using Microsoft's Internet Explorer or Netscape Navigator. 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. Koaher Gourmet Market reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at its sole discretion. Please note that beer, wine and/or other forms of alcoholic beverages are not available in all areas. Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to service@Koaher Gourmet Market.com, or you can update your account information yourself by going to Your Account on the Koaher Gourmet Market Site. Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Koaher Gourmet Market Site and use of the Koaher Gourmet 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 Koaher Gourmet Market Service, which includes, without limitation, use of the Koaher Gourmet 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 Koaher Gourmet 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 Koaher Gourmet 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 THE Koaher Gourmet Market SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE Koaher Gourmet Market SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Koaher Gourmet 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 Koaher Gourmet Market SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND Products PROVIDED THROUGH OR IN CONNECTION WITH THE Koaher Gourmet Market SERVICE; Koaher Gourmet Market DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR Products. Koaher Gourmet 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 Koaher Gourmet Market SERVICES. Koaher Gourmet 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 Koaher Gourmet Market NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "Koaher Gourmet 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 Koaher Gourmet Market SERVICE, OR THE INTERNET. Koaher Gourmet Market'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY Products THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE Koaher Gourmet Market SERVICE AND TO TERMINATE THIS AGREEMENT. Koaher Gourmet Market RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC Products 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. Koaher Gourmet Market controls and operates this Site from its headquarters in Long Island City, New York, USA, 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. You agree to defend, indemnify, and hold Koaher Gourmet 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. Koaher Gourmet Market may suspend or terminate this Agreement or the Koaher Gourmet Market Service or remove or disable access to any portion of the Koaher Gourmet Market Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Koaher Gourmet 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. Koaher Gourmet Market reserves the right to collect fees and charges incurred before you cancel your Koaher Gourmet Market Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation. Notices. Koaher Gourmet Market may give notice to you of a change in this Agreement, a change in the Koaher Gourmet Market Fee Schedule, and any other matter through a general posting on the Koaher Gourmet Market Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Koaher Gourmet Market by telephone at (718) 947-1000, by electronic mail (as specified in the "Help" section of the Koaher Gourmet Market Web site), or by conventional mail to