Terms and Conditions

 

By visiting DeliToYouDirect.com website you agree to the terms of this Agreement (the “Agreement”) which shall cover the terms of our deliveries to you and your use of our website(s) (collectively the "Site"). This Agreement is an agreement between you and DeliToYouDirect , (the "Company" or "DeliToYouDirect") that states the terms and conditions under which you may use the Site and receive delivery from us.  DeliToYouDirect is the owner of the following trademarks:  DeliToYouDirect, DeliToYouDirect.com, the DeliToYouDirect logo, and the tag line "The food store next to your door."  DeliToYouDirect operates under the name DeliToYouDirect.com.  This agreement is binding on you when you purchase from us via our websites(www. DeliToYouDirect.com).

Our Delivery Service

When you place an order, we will utilize commercially reasonable efforts to deliver to your at the time of your choosing. You can cancel your order before we receive your products at our packaging facility from the warehouses. Cancellation of orders after the order has left our facility may result in a restocking fee equal to the sum of (A) 100% of the total dollar amount of your perishable items, (B) the delivery fee and (C) 50% of the total dollar amount of your non-perishable items.  In any case, the restocking fee shall be no less than $10. For our customers’ convenience we can change the carrier to speed up the delivery time at no additional cost.

Price and Availability. 

From time to time products you order may be unavailable due to market conditions beyond our control or to quality that is below our standards.  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 or pay any restocking fees.

Because we sell certain items by the unit, instead of by weight or volume, weights, were noted may be for estimation purposes only.

To receive delivery, you must be present to receive your order.

Also, we limit our delivery area to ensure high quality service to people within our stated delivery area.  If you place a delivery for an address outside of our delivery area we reserve the right to cancel your order (in which case a restocking fee will apply).  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 us and 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 or stipulate 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.  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. References contained in our advertisements describing the nature of our delivery service are for descriptive purposes and should not be relied upon or be considered an inducement or advertisement of any kind. Delitoyoudirect.com cannot be held responsible or liable for incorrect or incomplete addresses, delays in receiving the package due to inclement weather, mechanical breakdown, USPS-UPS-FedEx delivery failure or packages left unattended. Delitoyoudirect.com works with Fedex and USPS to insure your package arrives in a timely manner. However, once your package leaves our store it is completely out of our control.

In the case where you fail to pay for the products ordered, you agree to forfeit to the Company any right, title or interest you may have in the products.

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. The Company assumes no responsibility for such information.

Perishable items.

Overnight or 2 Day shipping is required. During checkout select Overnight Delivery or 2 Day Delivery. This way Delitoyoudirect.com can absolutely guarantee that the food products you receive from us are in the same fresh condition as when they left our facility. We can not guarantee the freshness of perishable items if USPS Priority (2-3 Days) or Ground Delivery shipping option is selected. According to USPS, Priority Mail takes 2-3 business days but it is not guaranteed by USPS. Usually, in most cases it takes indeed 2-3 days but there are some delays sometimes and we can not take responsibility for that and can not guarantee the quality of the food.

Broken items.

Digital picture as a prove of a broken item is required and must be emailed to us for evaluation purposes to make a claim with the shipping carrier and for our records.

Returns and refunds.

Please note that all questions regarding returns and refunds must be directed to us within 24 hours of order delivery. In addition, we cannot be responsible for the taste quality of the products. In case you have received a flawed product, product with tampered or damaged packaging - we guarantee its replacement, reshipment or refund. We assume all the charges for shipping back and replacing the merchandise. The customer must return the product back to the "Delitoyoudirect.com" company in order to have a product substitution or a refund. The customer is not permitted to send a package back to "Delitoyoudirect.com" company until the "Delitoyoudirect.com" company issues an authorization. Digital photo of the damaged product must be sent to us using the following email address : info@delitoyou.com

 

Payment.

We accept credit/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 and your credit card will be charged only after your order has been put together and shipped. In the event your card is declined we reserve the right to collect funds for any uncollected transactions owed us and to charge $5 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. 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. DELITOYOUDIRECT.COM does not assume responsibility or liability for any issues caused by the use of "Svetlana Herbs Ayurvedic", "Seven Seas Smoke House", "Stolichnaya Bakery", "Neptune", "Pierre's Pastry" and our affiliate warehouses and food distributors products and DELITOYOUDIRECT.COM provides no warranty and gives no endorsement with respect of such products or any party connected with them. Any issues concerning "Svetlana Herbs Ayurvedic" products should be addressed to "Svetlana Herbs Ayurvedic". Any issues concerning "Seven Seas Smoke House" products should be addressed to "Seven Seas Smoke House". Any issues concerning "Stolichnaya Bakery" products should be addressed to "Stolicnhaya Bakery". Any issues concerning "Neptune" products should be addressed to "Neptune". Any issues concerning the products from our affiliate warehouses and food distributors should be addressed to them. Any issues concerning "Pierre's Pastry" products should be addressed to "Pierre's Pastry". All herbs products presented by "Svetlana Herbs Ayurvedic"  are shipped to you by "Svetlana Herbs Ayurvedic" company.

DeliToYouDirect.com will take no responsibility for delayed deliveries due to Acts of God, heavy holiday shipping schedules, or incomplete/incorrect delivery information. Should your package be delayed while in carriers posession it is the responsibility of a carrier to idemnify any losses sustained by you. DeliToYouDirect.com reserves the right to pass along any additional charges due to incomplete or incorrect delivery information given by the ordering customer. Please check your name, address and zip code carefully before submitting your order.
All merchandise should be inspected immediately upon arrival. Credit will not be granted if unsatisfactory items are discarded or partially consumed. Please keep all packaging intact for any returns. All claims must be made within twenty-four hours of receipt of shipment. 

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, DeliToYouDirect. 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 DeliToYouDirect 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. DeliToYouDirect reserves the right to revoke your use of the Site.

Trademarks.

DeliToYouDirect, DeliToYouDirect.com, the DeliToYouDirect logo, and the tag line "Here is your Russian online Grocery Store", graphics, and button icons are service marks, trademarks, and/or trade dress of DeliToYouDirect or otherwise proprietary to DeliToYouDirect 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 (18 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 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 the our service until you notify us 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 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.  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. Our secure server encrypts your credit card information, among other things so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in a secure data center. DeliToYouDirect will exercise commercially reasonable efforts to ensure that your credit card information remains confidential.  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 number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Site is viewed using the latest version Microsoft's Internet Explorer.

Privacy 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 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 MAKE 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 DO 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, "DeliToYouDirect 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 DeliToYouDirect SERVICE, OR THE INTERNET. DeliToYouDirect'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 DeliToYouDirect Parties 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.


Termination.

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. DeliToYouDirect may suspend or terminate this Agreement or the DeliToYouDirect 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 emailing us at info@delitoyou.com and by no longer accessing our website(s). DeliToYouDirect reserves the right to collect fees and charges incurred before you cancel your service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Entire Agreement.

This Agreement and the Privacy Policy referred to herein represent your entire agreement with DeliToYouDirect regarding the use of the service and the 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, DeliToYouDirect, and DeliToYouDirect 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.

Amendment.

DeliToYouDirect 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. 

GOVERNMENT WARNING: 

ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS. 

WARNING

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.