Terms | Conditions

Welcome to halaDelivery! Please read these terms and conditions before you use our website and/or mobile application as they form a legal agreement ("Agreement") between you and halaDelivery LLC ("halaDelivery").

If you access or shop on halaDelivery.com, use our halaDelivery Mobile® app or otherwise use halaDelivery Services, you agree to these terms and conditions. If you do not agree, please do not use halaDelivery Services.

 

halaDelivery Services

halaDelivery offers online grocery shopping and delivery services to persons who are at least 18 years old and who are registered users ("halaDelivery Services"). You can register for halaDelivery Services online. When you do so, you agree to provide us with accurate and complete information including, but not limited to, your legal name, billing and delivery addresses, telephone number and a valid credit card account number, security code and expiration date. If you choose an additional method of payment that is accepted by us (debit or paypal) you must also provide the necessary banking information) ("Customer Registration Data"). You will promptly notify us of any changes to your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the halaDelivery Services.

 

Our Guarantee

If you are not satisfied for any reason with an item purchased through the halaDelivery Service, we will provide you with a credit towards your next halaDelivery order or a refund to your selected method of payment. Just call us at (571) 424-3774 within 2 days of delivery or pick-up if the item is perishable and within 7 days of delivery or pick-up if the item is non-perishable and let us know your concern. We may need to see the item to determine the cause of the problem before we issue a credit or refund and will arrange for the item to be picked up if delivered to you.

 

Prices and Payment

Payment for items ordered and the associated delivery fees will be processed at the time of delivery or pick-up. You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. Fees and charges will be assessed in accordance with the then-current halaDelivery fee schedule which can be accessed online. When you place an order, halaDelivery 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 variable weighted items in 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 or pick-up. If you fail to pay any fees or charges when due under the halaDelivery fee schedule (including fees or charges for returned checks, electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), halaDelivery may charge such amount directly to the credit card identified in your Customer Registration Data. halaDelivery reserves the right to establish a spending limit for your account. Your right to use the halaDelivery Service is also subject to limits established by your payment card issuer. You are responsible and liable for any fees, including attorneys' fees and collection costs, that halaDelivery may incur in its efforts to collect any unpaid balances from you.

 

EBT/Food Stamps

Due to USDA Internet restrictions and limitations, Electronic Benefit program payments (EBT or Food Stamps) for internet grocery purchases are not accepted at this time.

 

Delivery

Delivery will be made to the delivery address contained in your Customer Registration Data. For "Attended" delivery: You are responsible for ensuring that someone is present at the delivery address to accept delivery of your order at the time specified. If your order contains alcoholic beverages, that person must be at least 21 years old and must be able to verify age with a valid United States government issued identification. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If we cannot deliver your order or must make an additional delivery because no one is at the delivery address to receive the order at the specified time, you will be assessed an additional fee. halaDelivery'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 our "Unattended" delivery option. If you choose this option, your order will be left unattended at your designated delivery address. Orders containing alcoholic products cannot be left unattended. halaDelivery is not responsible for damage or theft to an unattended delivery if you selected that option. We reserve the right to refuse to leave an order unattended if our driver considers the circumstances to be unsuitable or unsafe. During severe weather conditions (extreme heat or cold), choose a safe and protected area for your unattended delivery. If no such area is available, please choose our attended delivery service. Please remember to return our bins and ice packs with your next delivery. We will refund your account with customer credit of $3.99 for the bin and ice packs inside it. Please stack the bins, along with the gel packs, in a dry, safe place for your delivery driver to pick up at your next delivery or contact (571) 424-3774 to arrange a tote pick up. If you leave totes outside, please flip them upside down to prevent water and debris from collecting.

 

Pick-Up

In some areas you may be able to pick up your order yourself at a designated pick-up location. You can select a time frame and your order will be available for pick-up during that time frame. Restocking fees will apply for cancellations after the order is shipped and/or transported or orders not picked up during your selected time frame.

Your order will be carefully packed and delivered to the site in special insulated totes to maintain the cold chain to ensure product quality. For optimum freshness, please properly store your order within one hour after the delivery or pick-up window. We cannot guarantee the quality of items that are not properly stored within that time frame.

 

Purchase of Alcoholic Beverages

halaDelivery complies with state and federal laws regarding the sale and delivery of alcoholic beverages. The legal age to purchase alcoholic beverages is 21. No one under 21 may place, receive or pick up an order that includes alcoholic beverages. Anyone attempting to receive or pick up an order that contains alcoholic beverages must present a valid United States government issued identification verifying that they are at least 21. We will not allow anyone who appears to be intoxicated to receive any order containing alcoholic beverages. In addition, if our delivery driver suspects that alcoholic beverages are intended for consumption by persons underage, he or she will remove the alcoholic beverages from the order. Please note that alcoholic beverages are not available in all areas.

 

Third Party Information Providers and Merchants

By using the halaDelivery Service, you may be permitted to order and receive products, information and services from businesses which are not owned or operated by halaDelivery. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the products, information or services ordered or received from such businesses are solely between you and such businesses. halaDelivery 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 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 halaDelivery Service.

 

Your Account Password

Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify halaDelivery 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 halaDelivery Service until you notify halaDelivery of the unauthorized use, loss or theft.

 

Communications to Customers Regarding Order Status

On occasion, halaDelivery may contact customers regarding order delivery, including but not limited to delays or cancellations. Please be aware that halaDelivery uses an automated calling system to do so. This system is programmed to contact you with a pre-recorded message or update at the delivery telephone number you provided in your account delivery information section when you submitted an order using the halaDelivery Service. halaDelivery is not responsible for inaccurate account delivery information entered by the user, data errors or telecom carrier technical difficulties.

In some areas, you may choose to receive a text-ahead message or email alert for notification of a pending delivery. halaDelivery is not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond its control.

 

Unauthorized Use

From time to time, halaDelivery 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 an unauthorized and fraudulent use. You will be liable for damages caused by such unauthorized and fraudulent use and halaDelivery reserves the right to charge the credit card on the account identified in your Customer Registration Data an amount equal to such damages.

 

Changes in Agreement, Fee Schedule or halaDelivery Service

halaDelivery may at any time change any of the terms of this Agreement or the halaDelivery fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the halaDelivery Service. If halaDelivery makes material changes to this Agreement or changes to the halaDelivery fee schedule, halaDelivery will provide notice to you in a manner provided in this Agreement. Your use of the halaDelivery Service after any such change will be conclusively deemed acceptance of such change. halaDelivery may discontinue or revise any or all aspects of the halaDelivery 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 halaDelivery Service and terminate this Agreement.

 

Disclaimer of Warranty and Limitation of Liability

YOUR USE OF THE HALADELIVERY SERVICE, halaDelivery.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE HALADELIVERY SERVICE, HALADELIVERY.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HALADELIVERY 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. HALADELIVERY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY HALADELIVERY.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT HALADELIVERY.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER HALADELIVERY 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 HALADELIVERY SERVICE, HALADELIVERY.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH HALADELIVERY. HALADELIVERY LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY HALADELIVERY 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 halaDelivery.com is provided for lawful purposes only. halaDelivery controls and operates halaDelivery.com from its headquarters in Fallschurch, Virginia, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use halaDelivery.com from other locations, you are responsible for compliance with applicable local laws.

 

Disputes

Any dispute or claim relating in any way to your use of halaDelivery Services, halaDelivery.com or any product or service ordered or purchased through halaDelivery.com will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at 701 West Broad Street, Suite 400, Falls Church, VA 22046. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. In addition, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access halaDelivery.com or the halaDelivery Mobile® app for any purpose without our express written permission. Additionally, you agree that you will not (i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the sites without our prior express written permission; (iii) interfere or attempt to interfere with the proper working of our sites or halaDelivery Services; or (iv) bypass any measures we may use to prevent or restrict access to our sites.

 

Indemnification

You agree to defend, indemnify and hold halaDelivery and its Associates harmless from any claims and expenses, including attorneys' fees, arising in connection with a violation of this Agreement by you or through use of your account.

 

Termination

halaDelivery may suspend or terminate your access to the halaDelivery Service at any time for any reason with or without notice to you. You may terminate your halaDelivery 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 halaDelivery Service for any reason, you will not be entitled to a refund of any fees. halaDelivery reserves the right to collect fees and charges incurred before you cancel your halaDelivery 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 halaDelivery. halaDelivery uses Godaddy or a similar service at halaDelivery'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. halaDelivery 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 halaDelivery Service or as described below. halaDelivery makes reasonable efforts to protect your personal information once we receive it. However, due to the inherent nature of the internet, halaDelivery cannot and does not guarantee that any data transmitted over the internet, mobile application, or any other network is 100% secure. Therefore, halaDelivery cannot ensure or warrant the security of any information transmitted to halaDelivery or from halaDelivery. As with any internet user, you transmit your personal data at your own risk.

• Aggregated Information: halaDelivery may use aggregated information regarding its customers and usage of the halaDelivery 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: halaDelivery 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.
• Sale of Business: halaDelivery may transfer Customer Registration Data and other personal information in connection with the sale of halaDelivery 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: halaDelivery may use or disclose personal information when halaDelivery believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of halaDelivery or its users or to comply with the law.

Please click Privacy to review a complete statement of our Privacy and Security Policy which also governs your use of halaDelivery.com and the halaDelivery Service.

 

Notices

halaDelivery may give notice to you of a change in this Agreement, a change in the halaDelivery Fee Schedule, and any other matter by general posting on halaDelivery.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to halaDelivery by telephone (571) 424-3774, by electronic mail (as specified in the "Contact halaDelivery" section of halaDelivery.com), or by conventional mail to:

Atten: CUSTOMER CARE

halaDelivery, LLC

701 West Broad Street, Suite 400

Falls Church, VA 22046

 

Legal and Miscellaneous

• This Agreement states your entire agreement with halaDelivery regarding the use of halaDelivery.com, halaDelivery Mobile® app and the halaDelivery Services. 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 you or halaDelivery 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 is governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with halaDelivery or its Associates or relating in any way to your use of the halaDelivery Service, halaDelivery.com or the halaDelivery Mobile® app resides in the courts of Virginia, and you further consent and agree to personal jurisdiction.
• Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
• All obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your halaDelivery Service.
• Pricing Information: The current halaDelivery Fee Schedule may be obtained by calling halaDelivery Customer Care at (571) 424-3774. halaDelivery reserves the right to add, delete or change fees or charges at any time upon notice.

 

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL HALADELIVERY CUSTOMER CARE AT (571) 424-3774