Terms & Conditions

Customer Agreement

Welcome to City Fresh Market! This Agreement (the "Agreement") is a legal agreement between you and Bedford Boulevard Food Corp. and affiliates* ("City Fresh Market") that states the terms and conditions under which you may receive the City Fresh Market Service and use City Fresh Market Web site ("mycityfreshmarket.com/shop"). If you use City Fresh Market Service or mycityfreshmarket.com/shop, you agree to these terms and conditions.

City Fresh Market Service: City Fresh Market Service is a transaction, information and communication service available to authorized users ("customers") who access mycityfreshmarket.com/shop. City Fresh Market currently provides, online grocery shopping and delivery service, and in the future may provide additional services related.

Grocery Shopping and Delivery Service

City Fresh Market Affiliates Stores employees, agents or designees will shop and deliver grocery orders placed with City Fresh Market Service. Prices of products sold online may differ from those sold in-store at affiliates stores*. Delivery will be made to the delivery address that you specify when you place your first order. Payment for groceries and associated shopping and delivery fees is due at the time of delivery. You are responsible for ensuring that someone (a person 21 years of age or older

with appropriate identification, if delivery includes liquor) is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed that is authorized to receive and pay for the order. If City Fresh Market cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. City Fresh Market backed all of our products and services with a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we want to make it right. Just contacts us via e-mail at 2115@mycityfreshmarket.com You have up to seven days after delivery, or until the expiration date printed on the product -- whichever is earlier -- to return grocery or perishable products and 14 days for frozen products. City Fresh Market may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher.

Note: we reserve the right to limit your order or the quantity of a particular product that you may order.

In accordance with applicable state law, City Fresh Market and Affiliates collects a State Bottle Deposit for each bottle of certain items, such as beer, soda, mineral water and still waters.

Your total deposit amount is displayed as a separate line item in your shopping cart and on your invoice.

If you wish to recover the deposit portion of the fees, empty bottles and cans may be redeemed at any redemption center, or any of our affiliates stores*. City Fresh Market can only redeem the deposit for the bottles and cans of products that we sell. Our drivers cannot accept bottles or cans for redemption.

City Fresh Market’s liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.

In some areas, you may choose to receive a City Fresh Market order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing alcoholic products cannot be left unattended under any circumstances. City Fresh Market may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive and pay for deliveries. City Fresh Market is not responsible, and you agree not to hold City Fresh Market or its affiliate’s employees responsible, for any damage or theft that occurs to an unattended delivery. City Fresh Market reserves the right to refuse to leave an order unattended if City Fresh Market Affiliate Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.

Items sell by weight such as meat, cheese, fruits and vegetables that you see in your shopping cart, will be add with an estimated price of the pound/ounce based on actual 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.

Purchase of Alcoholic Beverages

City Fresh Markets Affiliates’ complies with state and federal laws regarding the sale and delivery of alcoholic products. The legal age to purchase alcohol is 21; no one under this age may place or receive a City Fresh Market order that includes liquor, wine or beer. You are responsible for ensuring that someone (a person 21 years of age or older with appropriate identification if delivery includes liquor) is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. City Fresh Market driver, checks the identification of all customers receiving alcoholic products. Deliveries of alcoholic products will not be made to anyone who cannot provide a United

States government issued identification verifying that they are of legal age or to anyone who is visibly intoxicated. If a qualified adult is not available to accept delivery of the regulated products, or if our delivery driver suspects that the alcoholic products are intended for underage drinkers, the delivery driver will remove these items from the order. Please note that beer, wine and/or other forms of alcoholic beverages are not available in all areas.

Third Party Information Providers and Merchants: City Fresh Market Service may permit you to order and receive products, information and services from businesses which are not owned or operated by City Fresh Market or Affiliates. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. City Fresh Market does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the City Fresh Market Service.

Property Rights

Copyright: All content on mycityfreshmarket.com/shop are the property of Bedford Boulevard Food Corp. ALL RIGHTS RESERVED. City Fresh Market authorizes you to view, electronically copy and to print in hard copy portions of mycityfreshmarket.com/shop for the sole purpose of placing an order with City Fresh Market Affiliates for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on mycityfreshmarket.com/shop, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of City Fresh Market is strictly prohibited. City Fresh Market reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from City Fresh Market.

Your Account: You agree to provide City Fresh Market with accurate and complete information as required by registration for the City Fresh Market Service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number, credit card account number and expiration date and/or bank account information, and promptly to notify City Fresh Market of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to City Fresh Market Service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify City Fresh Market promptly of any unauthorized use of your password or your account or loss or theft of your credit card

or bank account number. You will remain liable for any use of City Fresh Market Service until you notify City Fresh Market of the unauthorized use, loss or theft.

Unauthorized or Fraudulent Use: City Fresh Market does not offer the service to children. By registering for City Fresh Market Service, you warrant that you are at least 18 years old. If you are under 18, you may use City Fresh Market Service only with the involvement of a parent or guardian. From time to time, City Fresh Market may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and City Fresh Market reserves the right to charge the credit card or City Fresh Market Direct Check account identified in your Customer Registration Data an amount equal to such damages.

Fees, Payment and Access: 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 password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current City Fresh Market fee schedule which can be accessed online. Upon order submission, City Fresh Market reserves the right to request credit card authorization for up to 110% of the order total to accommodate updates to your order and the cost of variable weight items. You will only be charged the actual cost that is determined after preparing and weighing your order. During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for shopping and delivery. If you fail to pay any fees or charges when due under the City Fresh Market (which includes returned checks, electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), City Fresh Market may charge such amount directly to the credit card identified in your Customer Registration Data. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that City Fresh Market may incur in its efforts to collect any unpaid balances from you. City Fresh Market reserves the right to establish a credit limit for your account. Your right to use the City Fresh Market Service is also subject to limits established by your credit card issuer.

Changes in Agreement, Fee Schedule or City Fresh Market Service: City Fresh Market may at any time change any of the terms of this Agreement or the City Fresh Market fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the City Fresh Market Service.  If City Fresh Market makes material changes to this Agreement or changes to the City Fresh Market fee schedule, City Fresh Market will provide notice to you in a manner provided in this Agreement. Your use of the City Fresh Market Service after any such change will be conclusively deemed acceptance of such change. City Fresh Market may discontinue or revise any or all aspects of the City Fresh Market Service without prior notice to you. Price and availability of products are also subject to change without notice.  We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products. You will be contacted in such circumstances, and, of course, your credit card or checking account will not be charged. If 

any change is unacceptable to you, you may cancel your City Fresh Market Service and terminate this Agreement.

Disclaimer of Warranty and Limitation of Liability: YOUR USE OF City Fresh Market SERVICE, mycityfreshmarket.com/shop AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. City Fresh Market SERVICE, mycityfreshmarket.com/shop AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, City Fresh Market DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. City Fresh Market DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY mycityfreshmarket.com/shop WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT MYCITYFRESHMARKET.COM/SHOP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER CITY FRESH MARKET NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, City Fresh Market SERVICE, mycityfreshmarket.com/shop, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH City Fresh Market. City Fresh Market’S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY City Fresh Market’S AFFILIATES AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification: You agree to defend, indemnify and hold City Fresh Market and its Affiliates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.

Termination: City Fresh Market may suspend or terminate your access to City Fresh Market Service at any time for any reason with or without notice to you. You may terminate, your “City Fresh Market Service” at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate City Fresh Market Service for any reason, you will not be entitled to a refund of any fees. City Fresh Market reserves the right to collect fees and charges incurred before you cancel your City Fresh Market Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Privacy and Security: Your privacy is very important to City Fresh Market. City Fresh Market uses PayPal services or a similar service at City Fresh Market’s discretion to encrypt your credit card information in order to protect your information as it travels over the Internet. City Fresh Market does not store credit card information of our customers. City Fresh Market does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide the City Fresh Market Service or as described below.

Aggregated Information: City Fresh Market may use aggregated information regarding its customers and usage of City Fresh Market Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.

Third Party Service Providers: City Fresh Market may employ other companies and individuals to perform certain functions such as delivering packages, processing credit card payments and analyzing data. They may have access to personal information to perform their functions.

Enforcement of Agreement or Compliance with Law: City Fresh Market may use or disclose personal information when City Fresh Market believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Peapod or its users or to comply with the law.

Notices: City Fresh Market may give notice to you of a change in this Agreement, a change in the City Fresh Market Fee Schedule, and any other matter by general posting on mycityfreshmarket.com/shop, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data.  You may give notice to City Fresh Market by electronic mail (as specified in the "Contact City Fresh Market" section of mycityfreshmarket.com/shop), or by conventional mail to:

2115 Broadway

Astoria, NY 11106

Phone: (718) 728-1112

Fax: (718) 728-0692

2115@mycityfreshmarket.com

Attention: CUSTOMER CARE

Legal and Miscellaneous

This Agreement states your entire agreement with City Fresh Market regarding the use of the City Fresh Market Service and mycityfreshmarket.com/shop. 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 New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with City Fresh Market or its Affiliates or relating in any way to your use of the City Fresh Market Service or mycityfreshmarket.com/shop resides in the courts of New York, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois in connection with any such dispute.

Pricing Information: The current City Fresh Market Fee Schedule may be obtained by contact City Fresh Market Customer Care at 2115@mycityfreshmarket.com City Fresh Market reserves the right to add, delete or change fees or charges at any time upon notice as provided in this Agreement.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT US AT

2115@mycityfreshmarket.com