Terms of Service
Vietnamese Supermarket Customer Agreement
Welcome to Vietnamese Supermarket! This Agreement (the "Agreement") is a legal agreement between you and Vietnamese Supermarket, LLC ("Vietnamese Supermarket") that states the terms and conditions under which you may receive the Vietnamese Supermarket Service and use the Vietnamese Supermarket Web site ("Vietnamese Supermarket.com"). If you use the Vietnamese Supermarket Service or Vietnamese Supermarket.com, you agree to these terms and conditions.
1. Vietnamese Supermarket Service. The Vietnamese Supermarket Service is a transaction, information and communication service available to authorized users ("customers") who access Vietnamese Supermarket.com. Vietnamese Supermarket currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.
(a) Grocery Shopping and Delivery Service.
Vietnamese Supermarket's employees, agents or designees will shop and deliver grocery orders placed with the Vietnamese Supermarket Service. Prices of products sold online may differ from those sold in-store at Green Farm Market store. Delivery will be made to the delivery address that you specify when you place your first order. Prices for products you place in your cart will be guaranteed as long as your order is delivered within 7 calendar days from the day you originally place your order. After 7 days, prices will be adjusted to reflect current prices. Payment for groceries and associated shopping and delivery fees is due at the time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If Vietnamese Supermarket cannot ship your order, or must make an additional shipment for delivery because no one is at the delivery address to receive the delivery at the specified time, you will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through the Vietnamese Supermarket Service, you may return it within 30 days and it will be credited towards your next Vietnamese Supermarket order or refunded to your selected method of payment. Vietnamese Supermarket's liability for missing a delivery time is limited to delivery at a later agreed time at no additional charge.
In some areas, you may choose to receive your Vietnamese Supermarket order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing tobacco or alcoholic products cannot be left unattended under any circumstances. Vietnamese Supermarket 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. Vietnamese Supermarket is not responsible, and you agree not to hold Vietnamese Supermarket or its employees responsible, for any damage or theft that occurs to an unattended delivery. Vietnamese Supermarket reserves the right to refuse to leave an order unattended if the Vietnamese Supermarket Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
(b) Third Party Information Providers and Merchants. The Vietnamese Supermarket Service may permit you to order and receive products, information and services from businesses which are not owned or operated by Vietnamese Supermarket. 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. Vietnamese Supermarket 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 Vietnamese Supermarket Service.
2. Property Rights.
(a) Copyright: All content on Vietnamese Supermarket.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Vietnamese Supermarket © 2010 and Green Farm Market © 2010, LLC ALL RIGHTS RESERVED, or its content providers. Vietnamese Supermarket authorizes you to view, electronically copy and to print in hard copy portions of Vietnamese Supermarket.com for the sole purpose of placing an order with Vietnamese Supermarket or Green Farm Market, LLC for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on Vietnamese Supermarket.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Vietnamese Supermarket is strictly prohibited. Vietnamese Supermarket reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Vietnamese Supermarket.
(b) Trademarks: "Vietnamese Supermarket”, "Vietnamese Supermarket.com", “Green Farm Market”, all Vietnamese Supermarket logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Vietnamese Supermarket or otherwise proprietary to Vietnamese Supermarket and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on Vietnamese Supermarket.com are the property of their respective owners.
(c) Patents: One or more patents apply to this Site and to the features and services accessible via the Site, including without limitation: U.S. Patent No. 6,990,460 B2.
3. Your Account. You agree to provide Vietnamese Supermarket with accurate and complete information as required by registration for the Vietnamese Supermarket 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 Vietnamese Supermarket 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 Vietnamese Supermarket Service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Vietnamese Supermarket 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 Vietnamese Supermarket Service until you notify Vietnamese Supermarket of the unauthorized use, loss or theft.
4. Unauthorized or Fraudulent Use. Vietnamese Supermarket does not offer the Vietnamese Supermarket Service to children. By registering for the Vietnamese Supermarket Service, you warrant that you are at least 18 years old. If you are under 18, you may use the Vietnamese Supermarket Service only with the involvement of a parent or guardian. From time to time, Vietnamese Supermarket 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 Vietnamese Supermarket reserves the right to charge the credit card or Vietnamese Supermarket Direct Check account identified in your Customer Registration Data an amount equal to such damages.
5. 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 Vietnamese Supermarket fee schedule which can be accessed online. Upon order submission, Vietnamese Supermarket 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 Vietnamese Supermarket fee schedule (which includes returned checks, electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Vietnamese Supermarket 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 Vietnamese Supermarket may incur in its efforts to collect any unpaid balances from you. Vietnamese Supermarket reserves the right to establish a credit limit for your account. Your right to use the Vietnamese Supermarket Service is also subject to limits established by your credit card issuer.
6. Changes in Agreement, Fee Schedule or Vietnamese Supermarket Service. Vietnamese Supermarket may at any time change any of the terms of this Agreement or the Vietnamese Supermarket fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Vietnamese Supermarket Service. If Vietnamese Supermarket makes material changes to this Agreement or changes to the Vietnamese Supermarket fee schedule, Vietnamese Supermarket will provide notice to you in a manner provided in this Agreement. Your use of the Vietnamese Supermarket Service after any such change will be conclusively deemed acceptance of such change. Vietnamese Supermarket may discontinue or revise any or all aspects of the Vietnamese Supermarket 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 Vietnamese Supermarket Service and terminate this Agreement.
7. Disclaimer of Warranty and Limitation of Liability. YOUR USE OF THE VIETNAMESE SUPERMARKET SERVICE, VIETNAMESE SUPERMARKET.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE VIETNAMESE SUPERMARKET SERVICE, VIETNAMESE SUPERMARKET.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VIETNAMESE SUPERMARKET 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. VIETNAMESE SUPERMARKET DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY VIETNAMESE SUPERMARKET.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT VIETNAMESE SUPERMARKET.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER VIETNAMESE SUPERMARKET NOR ANY OF ITS 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 VIETNAMESE SUPERMARKET SERVICE, VIETNAMESE SUPERMARKET.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH VIETNAMESE SUPERMARKET. VIETNAMESE SUPERMARKET'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY VIETNAMESE SUPERMARKET 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.
The material on Vietnamese Supermarket.com is provided for lawful purposes only. Vietnamese Supermarket controls and operates Vietnamese Supermarket.com from its headquarters in
USA and makes no representation that these materials are appropriate or available for use in other locations. If you use Vietnamese Supermarket.com from other locations, you are responsible for compliance with applicable local laws.
8. Indemnification. You agree to defend, indemnify and hold Vietnamese Supermarket and its Associates 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.
9. Termination. Vietnamese Supermarket may suspend or terminate your access to the Vietnamese Supermarket Service at any time for any reason with or without notice to you. You may terminate your Vietnamese Supermarket 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 your Vietnamese Supermarket Service for any reason, you will not be entitled to a refund of any fees. Vietnamese Supermarket reserves the right to collect fees and charges incurred before you cancel your Vietnamese Supermarket Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
10. Privacy and Security. Your privacy is very important to Vietnamese Supermarket. Vietnamese Supermarket uses Verisign™ or a similar service at Vietnamese Supermarket's discretion to encrypt your credit card information in order to protect your information as it travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Vietnamese Supermarket 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 Vietnamese Supermarket Service or as described below.
(a) Aggregated Information. Vietnamese Supermarket may use aggregated information regarding its customers and usage of the Vietnamese Supermarket Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
(b) Third Party Service Providers. Vietnamese Supermarket 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.
(d) Enforcement of Agreement or Compliance with Law. Vietnamese Supermarket may use or disclose personal information when Vietnamese Supermarket believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Vietnamese Supermarket or its users or to comply with the law.
Please click hereto review a complete statement of our Privacy and Security Policy which also governs your use of Vietnamese Supermarket.com and the Vietnamese Supermarket Service.
11. Notices. Vietnamese Supermarket may give notice to you of a change in this Agreement, a change in the Vietnamese Supermarket Fee Schedule, and any other matter by general posting on Vietnamese Supermarket.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Vietnamese Supermarket by telephone (1-800-250-8897), by electronic mail (as specified in the "Contact Vietnamese Supermarket" section of Vietnamese Supermarket.com), or by conventional mail to:
Vietnamese Supermarket, LLC
Toll Free : 1800-250-8897
Attention: CUSTOMER CARE
12. Legal and Miscellaneous.
(a) This Agreement states your entire agreement with Vietnamese Supermarket regarding the use of the Vietnamese Supermarket Service and Vietnamese Supermarket.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.
(b) 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.
(c) This Agreement shall be governed by the laws of the State of
California without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Vietnamese Supermarket or its Associates or relating in any way to your use of the Vietnamese Supermarket Service or Vietnamese Supermarket.com resides in the courts of California, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of California in connection with any such dispute.
(d) Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
(e) Sections 7 and 8 of this Agreement are for the benefit of Vietnamese Supermarket and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Vietnamese Supermarket Service.
13. Legal Notices to
California customers are entitled to the following consumer rights information under California Civil Code Section 1789.3:
(a) Pricing Information. The current Vietnamese Supermarket Fee Schedule may be obtained by calling Vietnamese Supermarket Customer Care at 1-800-250-8897 Vietnamese Supermarket reserves the right to add, delete or change fees or charges at any time upon notice as provided in this Agreement at Sections 6 and 12.
(b) Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 16042 Magnolia,
92708, or by telephone at 1-800-250-8897.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL VIETNAMESE SUPERMARKET CUSTOMER CARE AT 1-800-250-8897
You can trust that your order will be quickly processed and safely delivered. We can ship products anywhere in the United States using the shipping method of your choice. When you place an order we will estimate delivery dates based upon the availability of your item(s), shipping method selected and your shipping destination. Our shipping charges are determined by the total dollar amount of your order, excluding applicable sales tax. Some products cannot be shipped to international destinations so please submit a message to us from the Contact Us page if you would like to discuss international ordering options.