Terms and Conditions

               Welcome to Choice Express Delivery Terms and Agreement Section! Like any company, we must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.

               This Agreement (the "Agreement") is a legal agreement between you and Choice Express Delivery ("choiceexpressdelivery.com" or "CED") that states the terms and conditions under which you may receive the Choice Express Delivery service and use choiceexpressdelivery.com. If you use the Choice Express Delivery service or choiceexpressdelivery.com, you agree to these terms and conditions.

               

1. Choice Express Delivery Delivery Service and Website. The Choice Express Delivery service is a transaction, information and communication service available to authorized users ("customers") who access choiceexpressdelivery.com. CED currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services.

                  

   • Grocery Shopping and Delivery Service.Choice Express Delivery employees, agents or designees will shop and deliver grocery orders placed with Choice Express Delivery. 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 the order is delivered. You are responsible for ensuring that someone is present at the delivery address to receive deliveries at the specified time of delivery.Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If Choice Express Delivery 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. If you are not satisfied for any reason with an item purchased through CED, you may return it and it will be credited against your next CED order. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, but we will not charge more if the product is more. Choice Express Delivery 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 your Choice Express Delivery 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. CED 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. Choice Express Delivery is not responsible, and you agree not to hold CED or its employees responsible, for any damage or theft that occurs to an unattended delivery. CED reserves the right to refuse to leave an order unattended if the Choice Express Delivery Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.

                  

   • Third Party Information Providers and Merchants. The CED service may permit you to order and receive products, information and services from businesses which are not owned or operated by CED. 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. Choice Express Delivery 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 Choice Express Delivery service.

               

2. Your Member Account. You agree to provide Choice Express Delivery with accurate and complete information as required by registration for the Choice Express Delivery 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 Choice Express Delivery 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 Choice Express Delivery service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Choice Express Delivery immediately 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 Choice Express Delivery Service until you notify CED of the unauthorized use, loss or theft.

               

3. Property Rights - choiceexpressdelivery.com and Choice Express Delivery.

                  

   • Copyright: All content on choiceexpressdelivery.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Choice Express Delivery ALL RIGHTS RESERVED, or its content providers. Choice Express Delivery authorizes you to view, electronically copy and to print in hard copy portions of choiceexpressdelivery.com for the sole purpose of placing an order with Choice Express Delivery ,for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on Choice Express Delivery including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of CED reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from CED.

                  

   • Trademarks: All Choice Express Delivery logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of CED or otherwise proprietary to CED 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 choiceexpressdelivery.com are the property of their respective owners.

               

4. 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 Choice Express Delivery fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the CED fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Choice Express Delivery 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 Choice Express Delivery may incur in its efforts to collect any unpaid balances from you. CED reserves the right to establish a credit limit for your account. Your right to use the Choice Express Delivery service is also subject to limits established by your credit card issuer.

               

5. Unauthorized or Fraudulent Use. Choice Express Delivery does not offer the CED Service to children. By registering for the Choice Express Delivery, you warrant that you are at least 18 years old. If you are under 18, you may use the CED Service only with the involvement of a parent or guardian. From time to time, CED 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 CED reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.

               

6. Changes in Agreement, Fee Schedule or Choice Express Delivery Service. CED may at any time change any of the terms of this Agreement or the CED fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Choice Express Delivery service. If CED makes material changes to this Agreement or changes to the CED fee schedule, Choice Express Delivery will provide notice to you in a manner provided in this Agreement. Your use of the Choice Express Delivery service after any such change will be conclusively deemed acceptance of such change. Choice Express Delivery may discontinue or revise any or all aspects of the CED service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Choice Express Delivery Service and terminate this Agreement.

               

7. Termination. Choice Express Delivery may suspend or terminate your access to the CED service at any time for any reason with or without notice to you. You may terminate your CED 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 CED Service for any reason, you will not be entitled to a refund of any fees. CED reserves the right to collect fees and charges incurred before you cancel your CED Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

               

8. Limitation of Liability and Disclaimer of Warranty. YOUR USE OF THE Choice Express Delivery SERVICE, choiceexpressdelivery.com AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE Choice Express Delivery SERVICE, choiceexpressdelivery.com AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Choice Express Delivery 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. Choice Express Delivery DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY choiceexpressdelivery.com WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT choiceexpressdelivery.com OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

                  NEITHER Choice Express Delivery NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS 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 Choice Express Delivery SERVICE, choiceexpressdelivery.com, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH Choice Express Delivery. Choice Express Delivery LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY Choice Express Delivery 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 choiceexpressdelivery.com is provided for lawful purposes only. Choice Express Delivery controls and operates choiceexpressdelivery.com from its headquarters in Choice Express Delivery, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use choiceexpressdelivery.com from other locations, you are responsible for compliance with applicable local laws.

               

9. Indemnification. You agree to defend, indemnify and hold Choice Express Delivery 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.

               

10. Privacy and Security. Your privacy is important to us here at Choice Express Delivery. We want to make you feel comfortable and secure shopping in our store. This privacy policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. By shopping at choiceexpressdelivery.com, you are accepting the practices described in this Privacy Policy. When you register with Choice Express Delivery you provide us with your name, billing and delivery addresses, e-mail address, telephone number, and credit card account number and expiration date. You select a username and password allowing you access to the Choice Express Delivery service. Your password should be kept strictly confidential to prevent unauthorized use. While using the Choice Express Delivery service, you may give us special shopping and delivery instructions, which we store and use to pick and deliver your order to your specifications. Choice Express Delivery also receives and stores certain types of information whenever you interact with us through the use of "cookies." Cookies are identifiers transferred to your computer's hard drive through your Web browser which enable our systems to recognize your browser and to provide you with certain shopping features. These "cookies" allow us to give you customized and personalized service and helps us identify ways to improve your shopping experience. Cookies are also used to help us track responses to messages sent on behalf of our advertisers so that Choice Express Delivery may aggregate such information and report results to them. If you choose to reject or disable cookies, you will be unable to use those Choice Express Delivery Services that require the use of such cookies. Choice Express Delivery uses your information to enhance and personalize your shopping experience. Choice Express Delivery does not sell personal information about individual customers (such as name, address, e-mail address, credit card information) to third parties, sell or rent lists of customers or use information about individual customers except to provide our service or as described below.

                   

    • Aggregated Information. CED may use aggregated information regarding its customers and usage of the CED 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. CED may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.

                   

    • Sale of Business. CED may transfer Customer Registration Data and other personal information in connection with the sale of CED or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.

                   

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

                   You may at any time review and change your personal information stored by choiceexpressdelivery.com by accessing the My Account page at choiceexpressdelivery.com. You may also request that CED permanently remove all personal information stored by CED at any time by delivering notice requesting such removal. Upon such request, CED will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your Choice Express Delivery Service. At Choice Express Delivery, we want you to feel safe while shopping with us. That's why we use the THAWTE brand to verify our standing. THAWTE verifies our address and business standing for your comfort. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Web server. Once received, your personal information is stored in our secure data center.

               

11. Legal and Miscellaneous. This Agreement states your entire agreement with Choice Express Delivery regarding the use of the Choice Express Delivery Service and choiceexpressdelivery.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 Texas without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Choice Express Delivery or its Associates or relating in any way to your use of the Choice Express Delivery or choiceexpressdelivery.com resides in the courts of Kansas, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Kansas in connection with any such dispute.

                   

    • Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

                   

    • Sections 7 and 8 of this Agreement are for the benefit of Choice Express Delivery 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 Choice Express Delivery service.

               

12. Notices. Choice Express Delivery may give notice to you of a change in this Agreement, a change in the CED Fee Schedule, and any other matter by general posting on choiceexpressdelivery.com, by electronic mail. You may give notice to CED by telephone (512) 983-8685, by electronic mail (visit Contact Us on choiceexpressdelivery.com), or by conventional mail to:

                   Choice Express Delivery
    CHOICE Express Delivery
    
    Attention: TERMS AND CONDITIONS

                   If you have any questions about this agreement, please call us at 518-5567-8886 or email us at info@choiceexpressdelivery.com.

Return/Cancellation policy: At CHOICE Express Delivery, we hope that you will be happy with your purchase. However, should you feel it necessary to return an item, we aim to make the returns process very simple.

If you are unhappy with any non-perishable item, please call your personal shopper at (512) 983-8685. All non-perishable items must be in the original packaging. You must notify your personal shopper within 2 days of receiving your order of any non-perishable items being returned. We will give you a refund on your returns or replace the item(s). You will be responsible for any price difference in replacing the item(s).

Cancellation Policy: There will be no charge for orders cancelled within 24 hours of the scheduled delivery, unless specific items were ordered in advance. You are responsible for buying what has been purchased for you, as we do not return perishable items.

You must call your personal shopper at (512) 983-8685 to cancel and/or reschedule your delivery. Please note that orders cannot be cancelled by email or fax. You will be responsible for paying for all orders that were not cancelled by the order cancellation deadline.

Delivery Policy: All deliveries will be made to the address specified by you on the completed order form. Our driver may carry your order into the delivery address but only if: (1). the driver has your permission and (2). our driver believes that it is safe and practical to do as you request. We always reserve the right to deliver only to the main entrance of the delivery address.

We do not delivery any alcoholic or tobacco products. If we attempt to deliver your order to the delivery address as arranged with you but there is nobody at the delivery address to accept your order, the driver will leave notification of attempted delivery and you will need to contact your personal shopper.

If we have to return to deliver the goods, a further charge may become payable provided that delivery is attempted at the scheduled time.

CHOICE Express makes every effort to deliver all your goods at the scheduled date/time, although some circumstances may be beyond our control.