Terms and Conditions
Last Revision: AUGUST 2020
Thank you for visiting Kaiser Brothers World Food Mart website, one of The Kaiser Brothers family of companies.
These Terms and Conditions of Use (“Terms”) apply exclusively to your access to and use of the websites and mobile applications (each a “Site” and collectively, the "Sites") of Kaiser Brothers World Food Mart website and its subsidiaries and affiliates (collectively, “World Food Mart”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with World Food Mart, or our subsidiaries or affiliates, for products, services or otherwise (for example, World Food Mart Gift Card Terms and Conditions and World Food Mart Affiliated Credit Card Terms and Conditions).
1. USE OF THE SITES.
1.1 By accessing or using our Sites you agree to these Terms. If you do not agree to these Terms, you may not access or use the Sites. World Food Mart reserves the right to change or modify these Terms at any time and in our sole discretion. If World Food Mart makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the effective date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the revised Terms, you must stop using the Sites. Any use of the Sites in infringement of these Terms may result in, among other things, termination of your account.
1.2 If you have any questions regarding the use of the Sites, please refer to the Help Section on www.worldfoodmart.com All other questions or comments about the Sites or their contents may be directed to customer service by calling 281-988-4585.
Please refer to our Privacy Policies for information on how World Food Mart collects, uses and shares information about users of the Sites.
3. ELIGIBILITY, REGISTRATION, AND ACCOUNTS.
3.1 The Sites are not mark towards, nor intentional for use by, anyone under the age of 16. By using the Sites, you represent and warrant that you are 16 years of age or older. If you are not at least 16 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to agree to the Terms and in doing so will not violate any other agreement to which you are a party.
3.2 In order to use some features of the Sites, you will need to register for an account and provide information about yourself, including your full name, address, phone number and email address and you must select a password. You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify World Food Mart if you discover or otherwise suspect any security severance related to the Sites. You are solely responsible for the use of your account certification and for all charges incurred when using your account. We reserve the right to suspend or terminate your account at any time, with or without notice to you.
4.1 THE SITES, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE"BASIS AND World Food Mart EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. World Food Mart DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE WEBSITES IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. World Food Mart MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 World Food Mart disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or deletion from the Sites, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in the Sites, including but not limited to any errors in or omissions therefrom, (c) the unavailability of the Sites or any portion thereof, (d) your use of the Sites, or (e) your use of any equipment or software in connection with the Sites.
5. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE SITES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (VI) ANY OTHER MATTER RELATED TO THE SITES, INCLUDING THEIR CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY EVEN IF A COVERED PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. "Covered Party"means The World Food Mart, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.
APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
6. PRODUCT INFORMATION DISCLAIMER.
While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on the Service. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended as a substitute for advice given by a physician, pharmacist, or other licensed health‑care professional. You should not use this information as self‑diagnosis or for treating a health problem or disease. Contact your health‑care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither World Food Mart, its content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions.
7. PRICING AND PROMOTIONS.
The prices applicable to your order will be those in place at the time the order was created, not the time of delivery or pick-up. Product prices and promotions posted on the Service, or those sent to customers by personalized e‑mail or any other online or digital method, are good only for the dates indicated. Such offers, promotions may not be available in physical World Food Mart store or on other sites or services. Likewise, offers, promotions offered in physical World Food Mart store or on other sites or services may not be available through the Service. Prices at physical World Food Mart store or on other sites or services may vary from the prices listed on the Service, and thesstore will have no obligation to honor or match such prices if an order has not been placed on the Service or if a promotion does not apply. In the event a product or service is listed at an incorrect price due to a typographical or other error, World Food Mart shall have the right to refuse or cancel any orders for products or services listed at the incorrect price, whether or not the order has been confirmed. Prices are in U. S. dollars, are subject to change, and do not reflect any applicable taxes. The final taxes and fees will be calculated on the day your order is delivered or available for pick-up.
2. Variable Weight Items
The per item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated 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 or receipt you receive at the time of delivery or pick-up.
3. Promotion Codes
Promotion codes are valid only on orders placed via the Service, subject to the terms of this section. Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason. Any coupons applicable to your order will be applied at checkout automatically, subject to our Coupon Policy.
4. Reservation of Rights
All product, service and program features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. World Food Mart reserves the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to impose conditions on the use of any coupon or other promotion; to bar any user from making any purchase; and/or to refuse to provide any user with any product or service. Certain products, services and programs are subject to additional terms, conditions, policies and disclosures.
8. ORDERS AND BILLING.
1. Maximum Order Value; Placing an Order
There is no minimum order value and a maximum order value of $600, which may change from time to time. You can place your order up to seven (7) days before your delivery or pick-up date. For same day service after 4 pm, orders must be received before 9 am. For next day service, orders must be placed before 9 pm the night before. Available delivery windows, pick-up days and associated delivery fees and promotions will be shown as you proceed through the ordering process. Your order will contain an invoice that will list all of the items you have received and were billed for, and you can always find a copy in the Your Account section of the Service. If something is missing from your order, please email or call us at Contact Us (or at Talk To Us
2. Modifying or Canceling an Order
You can modify or cancel an existing order (including adding or deleting items or changing the delivery or pick-up date) until forty-eight (48) hours prior to the delivery or pick-up time, unless your order has already been prepared for delivery or pick-up. Modifications or cancellations can be made via the order review page or by calling the store. Note that if you modify an order the price will be changed to reflect any products or services you added or removed from your order and the prices applicable at the time of your modification. If you change the delivery or pick-up date, we may not be able to guarantee the availability of your desired items. If you cancel an order (that has not already been prepared for delivery or pick-up) less than forty-eight (48) hours prior to the delivery or pick-up time, you will be charged a cancellation fee of $5 and a restocking fee equal to 20% of the total dollar amount of your order (excluding delivery fees, shipping and taxes).
Although our goal is to fulfill 100% of each order, from time to time some products may be unavailable due to market conditions beyond our control. If you have enabled substitutions on your order, we may substitute an item that's very similar to an unavailable item you ordered. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to making a substitution. If you're not happy with the replacement, please email or call us at Contact Us (or at Talk To Us .
4. Credit and Debit Cards; Billing
A credit or debit card will be required for all orders made through the Service. You authorize World Food Mart to charge you for all products or services purchased by you through the Service, plus applicable taxes and fees, to the payment method you provide. "Charge" shall indicate either a charge or a debit, as applicable, against your payment method. If you request a purchase on a recurring basis, you acknowledge that the applicable prices will be those in effect on the date the recurring order is fulfilled and agree that World Food Mart may automatically charge the payment method you have provided at the regular intervals you have designated, unless and until you cancel by logging into your World Food Mart account and canceling your subscription. World Food Mart may change the price of any subscribed product or service at any time in its sole discretion. You represent that you have the legal right to use any payment method that you submit to World Food Mart. We are unable to accept food stamps at this time for purchases through the Service.
Your credit or debit card will be charged for your order on the day your order is delivered or picked-up. Since certain perishables are priced by weight and the actual price is not known until we have prepared and weighed your order, at the time your order is placed we request credit or debit card authorization for up to 125% of the estimated cost of perishables, but only charge you the actual cost that is determined after preparing and weighing your order. In addition, at the time your order is placed we will authorize your credit or debit card for an amount equal to 100% of the total of the non-perishable items in your order. If a credit or debit card authorization expires prior to the pick-up or delivery of your order, we may request another authorization for the same amount. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit or debit card. We will attempt to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us.
We may charge a fee of $4.99 per order should a payment made via credit or debit card be declined, but we will attempt to contact you and change the payment method first. If you fail to pay any fees or charges when due or if a re delivery fee, cancellation fee or restocking fee is imposed, we may charge such amount directly to the credit or debit card connected to your account and we may suspend or terminate your access to our delivery and/or pick-up 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. Your right to use our delivery and pick-up service is subject to limits established by us and/or by your credit or debit card issuer.
5. Reservation of Rights.
All orders placed through the Service are subject to World Food Mart’s acceptance. World Food Mart may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an order confirmation does not signify World Food Mart’s acceptance of your order. World Food Mart reserves the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that World Food Mart later cancels, World Food Mart will issue you a refund. All orders, returns and refunds for products and services are subject to World Food Mart’s Refund Policy. We reserve the right to limit your order or the quantity of a particular product that you may order.
9. DELIVERY TERMS.
1. Requirements and Fees
You or an alternate receiver must be present during your selected delivery window. If not, your items will be left at the front door. We will not be liable for items after they are delivered. If we are unable to deliver an order for any reason, we will use reasonable efforts to contact you and reschedule delivery (a $5 re delivery fee applies) for the next day. If we are still unable to deliver the order to you for any reason, the order will be canceled and you will be charged a cancellation fee of $5 plus a restocking fee equal to 20% of the total dollar amount of your order (excluding delivery fees, shipping and taxes).
A delivery fee may be added to your order. Any such fee is not a gratuity for the individual who delivers or is otherwise involved with the delivery of your order and will not be given to any such individual as a gratuity. You are under no obligation to tip anyone involved with the delivery of your order. We aim to deliver your goods within the delivery window you selected when placing your order, but do not guarantee that goods will be delivered on or by a certain time or date, as applicable. We will not be liable for delivering the goods outside of the requested delivery window.
Given the heavy weight of some of our products, we may have purchase limits on a variety of items on the Service. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) above the 5th floor, or deliver more than 3 cases of beverages above the 4th floor. In the event of a broken elevator, we also do not ask delivery personnel to carry groceries more than 5 floors. We may limit or cancel deliveries when orders exceed these requirements. In an effort to meet the committed delivery time for all of our customers, delivery personnel cannot wait for an inspection of the items delivered.
10. ENTIRE AGREEMENT; SEVER ABILITY.
These Terms and Conditions constitute the entire agreement with respect to your access to and use of the Sites. You may also be subject to additional Terms and Conditions that may be applicable to certain parts of the Sites. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed sever able from the remaining provisions and shall not affect their validity and enforce ability. Not withstanding the foregoing, under no circumstances do the parties agree to class-arbitration. If a court refuses to enforce the waiver of class-wide arbitration, the entire arbitration provision shall be unenforceable and any claims brought on behalf of a putative class will proceed in court.
11. ERRORS ON THE SERVICE.
World Food Mart seeks to ensure that the information on the Service is accurate, current and complete. However, there may be instances when information about a World Food Mart product or service contains inaccurate or incomplete information, such as information about the product pricing, availability or location in‑store. World Food Mart does not warrant or guarantee that the information on the Service is error‑free, complete or current. World Food Mart reserves the right to correct errors and/or to update the content or information on the Service at any time without notice or liability. World Food Mart will be under no obligation to honor any inaccurate price posted on the Service.
12. CONSENT TO E‑MAIL COMMUNICATION.
When you create a user account using the Service or send an e‑mail to us, or otherwise electronically request that we contact you, you are communicating with us electronically. You consent to receive communications from us electronically, and agree that we may communicate with you by e‑mail or by posting notices on the Service.
You agree to defend, indemnify and hold World Food Mart and its affiliates harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from (a) your access to or use of the Service or any materials (including Third Party Materials), products or services available through the Service, (b) any of your Submissions, or (c) any violation or alleged violation by you of any provision of these Terms.
14. APPLICABLE LAW; DISPUTES.
You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and World Food Mart. Any action or proceeding relating to or arising from these Terms or your use of the Service must be brought in the state or federal courts located in Bexar County, Texas, and you consent to the exclusive personal jurisdiction of such courts.
15. COPYRIGHT INFRINGEMENT CLAIMS.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Service infringes your copyright, you (or your agent) may send to World Food Mart a written notice by mail, e‑mail or fax, requesting that World Food Mart remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to World Food Mart a counter‑notice. Notices and counter‑notices must meet the then‑current statutory requirements imposed by the DMCA. See copyright.gov for details. Notices and counter‑notices must be sent in writing to World Food Mart's DMCA agent as follows: by mail to DMCA Designated Agent, World Food Mart Corporate Law, 646 South Flores, San Antonio, Texas 78204; by e‑mail to DMCA@HEB.com; or by fax to 210‑938‑7816. We suggest that you consult your legal advisor before filing a DMCA notice or counter‑notice.