Food and Merchandise Purchase Policy
The agreed food and drinks (the “Order”) may contain or come into contact with milk, wheat, soy, nuts and other allergens. You acknowledge that you are responsible for informing others of this allergy information, and, for the avoidance of doubt, agree to hold us harmless for any allergic reactions.
· Edy's Grocer LLC will use reasonable efforts to (i) pack the Order so that it is not damaged during transportation and (ii) ship the Order so that it arrives by the expected delivery date. You acknowledge and agree that Edy's Grocer LLC will not be liable for the actions of third parties engaged to ship orders or for Orders that arrive damaged, destroyed, early or late. In addition, you acknowledge and agree that Orders cannot be substituted, replaced or returned except by Edy's Grocer LLC’s express agreement.
· Payment is necessary to reserve an Order and such payment will not be refundable; provided, however that if you cancel an Order by providing notice at least 7 Business Days’ before the Order’s delivery date, Edy's Grocer LLC will provide a gift card to you as soon as reasonably possible for the amount of the Order subtracting any amounts already spent on perishables.
· This agreement shall be governed by the laws of the State of New York applicable to agreements to be made and performed solely within such state and without giving effect to the conflict of laws principles thereof.
· Edy's Grocer LLC shall not be liable for the losses resulting from non-fulfillment of any terms or provisions of this agreement, if Edy's Grocer LLC shall be prevented or delayed from performing in whole or in part for any reason beyond its control, including but not limited to war, riot, strike, civil disturbance, flood, restrictions or regulations on travel, commodities, supplies or events and gatherings of the nature contemplated in this agreement, pandemics, epidemics, family emergencies, or act of God. In any such case, Edy's Grocer LLC may terminate this agreement without liability of any nature whatsoever; provided, that, in the event of any such termination, Edy's Grocer LLC will provide a gift card for the amount of the Order, if any, to you as soon as reasonably possible