Terms of Service

Customer Agreement

 
Welcome to The Easy Market! This Agreement (the "Agreement") is a legal agreement between you and Bedford Boulevard Food Corp. and affiliates* ("The Easy Market") that states the terms and conditions under which you may receive the The Easy Market Service and use The easy Market Web site ("theeasymarket.com"). If you use the Easy Market Service or theeasymarket.com, you agree to these terms and conditions.
 
The Easy Market Service: The Easy Market Service is a transaction, information and communication service available to authorized users ("customers") who access theeasymarket.com. The Easy Market currently provides, online grocery shopping and delivery service, and in the future may provide additional services related.
 
Grocery Shopping and Delivery Service
 
The Easy Market Affiliates Stores employees, agents or designees will shop and deliver grocery orders placed with the Easy 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 The Easy 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. The Easy 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 info@theeasymarket.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. The Easy 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, The easy 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*. The Easy 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.
 
The Easy 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 the Easy 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. The Easy 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. The Easy Market is not responsible, and you agree not to hold The Easy Market or its affiliate’s employees responsible, for any damage or theft that occurs to an unattended delivery. The Easy Market reserves the right to refuse to leave an order unattended if the Easy 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
 
The Easy 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 The Easy 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. The Easy 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: The Easy Market Service may permit you to order and receive products, information and services from businesses which are not owned or operated by The Easy 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. The Easy 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 The Easy Market Service.
 
Property Rights
 
Copyright: All content on theeasymarket.com are the property of Bedford Boulevard Food Corp. ALL RIGHTS RESERVED. The Easy Market authorizes you to view, electronically copy and to print in hard copy portions of theeasymarket.com for the sole purpose of placing an order with The Easy Market Affiliates for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on theeasymarket.com, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of The Easy Market is strictly prohibited. The Easy Market reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from The Easy Market.
 
Your Account: You agree to provide The Easy Market with accurate and complete information as required by registration for the The Easy 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 The Easy 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 the Easy Market Service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify The Easy 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 The Easy Market Service until you notify The Easy Market of the unauthorized use, loss or theft.
 
Unauthorized or Fraudulent Use: The Easy Market does not offer the service to children. By registering for The Easy Market Service, you warrant that you are at least 18 years old. If you are under 18, you may use The Easy Market Service only with the involvement of a parent or guardian. From time to time, The Easy 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 The Easy Market reserves the right to charge the credit card or The Easy 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 The Easy Market fee schedule which can be accessed online. Upon order submission, The Easy 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 The Easy Market (which includes returned checks, electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), The Easy 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 The Easy Market may incur in its efforts to collect any unpaid balances from you. The Easy Market reserves the right to establish a credit limit for your account. Your right to use the The Easy Market Service is also subject to limits established by your credit card issuer.
 
Changes in Agreement, Fee Schedule or The Easy Market Service: The Easy Market may at any time change any of the terms of this Agreement or the The Easy Market fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the The Easy Market Service.  If The Easy Market makes material changes to this Agreement or changes to the The Easy Market fee schedule, The Easy Market will provide notice to you in a manner provided in this Agreement. Your use of the The Easy Market Service after any such change will be conclusively deemed acceptance of such change. The Easy Market may discontinue or revise any or all aspects of the The Easy 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 The Easy Market Service and terminate this Agreement.
 
Disclaimer of Warranty and Limitation of Liability: YOUR USE OF THE EASY MARKET SERVICE, THEEASYMARKET.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE EASY MARKET SERVICE, THEEASYMARKET.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE EASY 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. THE EASY MARKET DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THEEASYMARKET.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEASYMARKET.COM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
 
NEITHER THEEASYMARKET 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, THE EASY MARKET SERVICE, THEEASYMARKET.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH THE EASY MARKET. THE EASY MARKET’S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY THE EASY 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 The Easy 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: The Easy Market may suspend or terminate your access to The Easy Market Service at any time for any reason with or without notice to you. You may terminate, your “The Easy 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 The Easy Market Service for any reason, you will not be entitled to a refund of any fees. The Easy Market reserves the right to collect fees and charges incurred before you cancel your The Easy 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 The Easy Market. The Easy Market uses PayPal services or a similar service at The Easy Market’s discretion to encrypt your credit card information in order to protect your information as it travels over the Internet. The Easy Market does not store credit card information of our customers. The Easy 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 The Easy Market Service or as described below.
 
Aggregated Information: The Easy Market may use aggregated information regarding its customers and usage of The Easy 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: The Easy 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: The Easy Market may use or disclose personal information when The Easy 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: The Easy Market may give notice to you of a change in this Agreement, a change in the The Easy Market Fee Schedule, and any other matter by general posting on theeasymarket.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data.  You may give notice to The Easy Market by electronic mail (as specified in the "Contact The Easy Market" section of theeasymarket.com), or by conventional mail to:
 
The Easy Market
2870 Webster Avenue
Bronx, New York 10458
Attention: CUSTOMER CARE
 
Legal and Miscellaneous
 
This Agreement states your entire agreement with The Easy Market regarding the use of the The Easy Market Service and Theeasymarket.com. 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 The Easy Market or its Affiliates or relating in any way to your use of the The Easy Market Service or Theeasymarket.com 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 The Easy Market Fee Schedule may be obtained by contact The Easy Market Customer Care at info@theeasymarket.com. The Easy 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
info@theeasymarket.com.