TERMS & CONDITIONS
General
These are the Terms & Conditions of Longo Brothers Fruit Markets Inc., including its e-commerce business Grocery Gateway, and its direct and indirect subsidiaries (wholly or partially owned), parents, and affiliates, including each of their owned, operated or affiliated banners, brands or divisions, (collectively, “Longo’s”, “we”, “us” and “our”) that govern your use of www.longos.com via the website or mobile site, application or other service or program, including our “Thank You Rewards” program (collectively, the “Services”).
Terms of Use
Please review these Terms & Conditions (the “Terms”) carefully. By using any of the Services, you accept the Terms contained herein.
We may modify these Terms at any time, by updating this posting and without notice to you. Your continued use of any of the Services constitutes your acceptance of these Terms.
Privacy
Your privacy is important to us. The Longo’s Privacy Commitment governs how user information is collected and used. By registering, accessing or using the Services, you are signifying your acknowledgment and agreement to our Privacy Commitment. Please review our Privacy Policy for full details.
Email & Other Electronic Messages
From time to time, we may send you eflyers and other promotional emails or electronic messages. You can unsubscribe from these promotional emails through the unsubscribe mechanism contained in any message. We may also send you transactional and operational messages regarding your account(s).
Registration and Login Information
We may request that you register to access or use certain Services, such as our “Thank you Rewards” program and thereafter, you may be required to log in to access such Services. From time to time, we may request that you reset or update your password(s) and/or update your profile information. Registration to use a Service may allow you to log in to additional Services without the need to register again (often referred to as “single sign on”). Some Services may allow for social login, under which you may be provided the option to register or log in using existing information you have previously provided to a social networking or similar service of which you are already a member. If social login is available for a particular Service, it is always an option and never a requirement, and the process will include a statement of the specific information that the social login service will provide to us if you proceed with the social login.
In some cases, in order to register for or log in to a Service, you may be first required or requested to provide additional profile information relevant to your access to or use of such additional Service.
Accordingly, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You are responsible for maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase; and all activities that occur under such password(s) or account(s).
Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware of. Longo’s shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.
Delivery and Pickup Services
Products purchased or ordered for delivery on from www.longos.com or via our mobile application (the “Site”) are only available for delivery in the geographical areas noted on the Site. Products purchased or ordered for in-store pickup or curbside pickup are only available for pick up in the geographical areas and at selected store locations noted on the Site. Availability is determined using the address information you provide when registering or when booking a time slot through the Site.
Longo’s may modify or discontinue the Services from time to time, in our sole discretion, in particular geographic areas in whole or in part. We reserve the right at any time when we deem necessary to change or suspend the Services, or modify these Terms (such as, but not limited to, delivery or pick up areas, locations and time windows or other service elements) without prior notice to you.
Delivery and/or pickup days and times will be specified on the booking page on the Site. You will select the delivery or pick-up time slot, and in the case of in-store pickup or curbside pickup, location, of your choice (subject to availability) and it will be available to you up until the cutoff times indicated on the Site (the “Cut-off Time”). If you do not complete your order by the Cut-Off Time, you will be required to select a new time slot before checkout.
Deliveries will be made to the address specified by you when you register. You have the ability to change this address through the “Account Settings” feature on the Site, and you must do so if you move, so that we can deliver to the correct address. The Services will be available at the location you selected when you placed your order. We reserve the right to restrict deliveries and/or pick up locations in certain areas and times for our delivery schedule or eliminate available locations for pick up altogether. We reserve the right, in our discretion, to place reasonable limits on the number of orders scheduled per day per account.
We take reasonable care to deliver or have your order ready for pick up within the time slots provided for on the Site. Accordingly, it is your responsibility to ensure that an appropriate person is available to receive the order, (1) in the case of delivery, at the delivery address at all times during the delivery time slot confirmed at the time of checkout; or (2) in the case of in-store pickup and/or curbside pickup, at the selected location during the pick-up time slot confirmed at the time of checkout. For pickup, follow the instruction provided in your order confirmation to attend at the selected location and receive your order.
Once your order has been confirmed ready for pick-up, if no one attends at the selected location during the pick-up time slot, or if the person who attends is not an appropriate person to receive the order, the goods will be retained by us. We will attempt to Contact (as defined below) you and use reasonable efforts to rearrange pick up, failing which we will cancel the delivery and your order. In the event of a rearranged pick-up, we have the right to administer a restocking fee reasonably determined by us.
If no one is at the address when the delivery is attempted, or the person available is not an appropriate person to receive the order, the goods will be retained by us. We will leave notification of attempted delivery and will telephone to attempt to rearrange the delivery, failing which we will cancel the delivery and your order. In the event of a rearranged delivery, we have the right to administer a restocking fee reasonably determined by us. We will ordinarily only make a delivery when an appropriate person is able to receive and sign for the delivery. If you instruct us to make an unattended delivery and we, in our discretion, agree to do so, we expressly disclaim all liability which may arise by the delivery having been made on an unattended basis, including but not limited to theft, tampering, contamination and temperature change in respect of temperature-sensitive items.
Please note adverse weather or road conditions and other events outside of our reasonable control may result in late or cancelled orders. If that is the case, we will Contact (as defined below) you as soon as reasonably possible to reschedule your order time and date. If we cannot reach you, we will cancel the delivery/pickup and your order.
We may make available a Delivery Pass+ on a subscription basis, which includes but not limited to, free unlimited deliveries, membership pricing, exclusive offers, special perks and surprises. You can join by adding the pass to your shopping cart upon checkout on the Site. Particulars and the terms and conditions applicable to our Delivery Passes are located on www.longos.com. Once purchased, the pass applies to your next order. We reserve the right, in our discretion, to suspend, cancel or make changes to this program without prior notice, which includes the right to withdraw this program from any customer who we determine is abusing the program. The delivery pass subscription is not available for pickup services.
Placing an Order
Product availability, pricing and promotions may vary by location or, in the case of pick up, may vary by location. When placing your order on the Site, the most accurate pricing, promotions and product availability information will be displayed prior to check-out. This will be displayed once you are registered, signed in into your account and have selected delivery or pick up location and your time slot.
Longo’s may, in its sole discretion, accept or reject any order placed on the Site. Any online confirmation of receipt of an order after placement is an acknowledgement of receipt of the order but not an acceptance of the order, which will be delivered subsequently via email to the email associated with your order or by telephone to the telephone number associated (“Contact” or “Contacted”).
Longo’s may, in its sole discretion, cancel an order you have placed on the Site after Longo’s has accepted it, in which case you will be Contacted. If Longo’s cancels your order, Longo’s will have no obligation to fulfill it nor will Longo’s be otherwise liable to you in respect of it and you will have no obligation to pay for it. Longo’s may in some circumstances require additional information or verification before accepting or fulfilling an order, in which case you will be Contacted.
Subject to applicable laws, (a) purchase of products on the Site is subject to availability and may not be available for purchase at selected locations. If product(s) are not available, we will have no obligation to fulfill an order for them and you will have no obligation to pay Longo’s for them, except where you have accepted a substitute; and (b) we reserve the right to change the products, prices and descriptions advertised or displayed on the Site, at any time without notice or liability to you, and to correct, at any time, any pricing errors. While we update the Site regularly, prices, selection and availability, including the availability of promotional offers, may vary and are subject to change without notice. We are not responsible for any loss or damages arising from such updates or changes.
We seek to be accurate with respect to product images and descriptions, including ingredients and nutritional information, and product filters and segmentations on the Site, but do not represent or warrant that these or other content are accurate, reliable, current or complete. We reserve the right to correct any inaccuracies or typographical errors in the information available on the Site and shall have no liability for any error or omissions. Information may be changed or updated without notice and prices and availability of goods and Services are also subject to change without notice.
Longo’s reserves the right, in its sole discretion, to limit quantities of items purchased per person, per household or per order or otherwise from time to time. You will be Contacted if such limits or prohibitions are applied to an order by you.
In cases where we custom-cut or select variable weight items (such as certain meats or produce or other items priced by weight), the price you see on the Site is an estimated price range based on the expected weight of the items. The final price of these items will be based on the same price per weight indicated on the Site when you placed the items in your cart, but the final price is determined once we have prepared and weighed your order and will appear on the invoice at the time of the delivery or pick up. For such products, the price you pay is always based on the actual final weight of your products. If you are not satisfied with the final price and weight, you have the right to remove the product from your order.
Currently, we do not impose a charge for each bag used to pack your order. However, this may change and we have the right, in our sole discretion, to impose a charge for each bag used to pack your order at any time without prior notice to you. In the event there is a bag charge, such bag charge will be displayed at checkout when submitting your order on the Site. At the time that each order is placed, we estimate the number of grocery bags required for your order and modify to reflect the actual quantity at the time of dispatching your order to you.
Only under certain circumstances, a product may require a bottle deposit. As a result, a deposit fee per bottle will be charged to you. The applicable deposit fees will be displayed at checkout when submitting your order on the Site. You may be entitled to a per bottle refund when empty bottles are returned to a Longo’s store. For returns and refunds of products before consumption, if you return the purchased item to a Longo’s store, then the deposit fee will also be refunded to you.
To place an order through the Site, you must be at least sixteen (16) years old and at least nineteen (19) years old for an alcohol order. Only persons of that age may place orders for such products and by placing such an order, you represent and warrant that you are of the applicable age. We may require proof of age before permitting you to order such products.
The amount authorized during the credit card authorization process will be the estimated amount of your order, including charges for bags (if any), deposits, delivery fees and other applicable taxes and charges. When your order is assembled, if an item you have ordered is not available, we will where reasonably possible substitute another comparable item, if you have provided us with your authorization to do so. This item may be at a different price than the one you ordered. At the time of delivery of your order or upon receiving your order at pick up, our team members will indicate which items have been substituted, and you may reject any items in the order, including any substitutes. Longo’s team members will then update the order, and within a reasonable time following receiving your order, you will be Contacted with a list of all items you have accepted and the amount to be charged to your payment method. The amount charged to your payment method may differ from the estimated amount due to matters such as product unavailability, product substitutions, differences between estimated and actual weights for items priced by weight, actual numbers of shopping bags as compared to estimated numbers, and other such matters. The resulting final amount will be charged to your payment method.
Processing and Payment
All dollar amounts on the Site are in Canadian dollars. We reserve the right to require a minimum order value (excluding any fees, charges and taxes) and we may, at any time and in our sole discretion, waive, change or vary by location, any minimum order requirements. We may, in our sole discretion, charge Service fees for delivery, in-store pick up and/or curbside pick up, in either case such Service fees will be displayed on the Site as a “delivery fee”. The delivery fee may vary by location, selected store or time slot but will be displayed on the booking page and confirmed at checkout when submitting your order on the Site.
By completing the checkout and submitting an order through the Site, you are agreeing to pay, in full, the prices of the items selected (or any substitutions accepted by you) and all applicable charges (such as charges for bags, deposits, delivery fees, etc), taxes, by credit card or other permitted payment method. You authorize us to process payment of the applicable purchase price via the payment mechanism you select from the available choices, and you represent and warrant that you are authorized to use the applicable payment mechanism. If your payment method is by credit card and is rejected by the card issuer or processor, your order will not be filled and we will have no obligation in respect of it. During the credit card authorization process when you submit your order, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be prepared for delivery, in-store pick up or curbside pick up, as applicable. You are responsible for any fees, including legal costs and collection costs, that we may incur in collecting any unpaid balances from you.
The version of these Terms applicable to an order or other transaction by you through the Site is that in effect on the date and at the time you place your order, as made available on the Site at that time. Each time you place an order, you represent and warrant that you have accessed, read and accepted the then applicable terms governing that order.
To complete an order, you may be required to provide certain additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment at any time.
You may cancel your order or modify the order (including adding or removing products, changing quantities, changing order delivery or pick up details) via the Site, up until the Cut-off Time.
If an order is cancelled after the Cut-off Time, you will be charged a cancellation fee, which will be indicated to you by our Guest Care Team prior to you finalizing your cancellation.
If you redeem any coupon, code or voucher (other than a manufacturers coupon) which is accepted through the Site, this will be reflected at checkout and is subject to validation and any redemption requirements. Manufacturers’ coupons and warranties are the responsibility of the individual manufacturers and are not accepted by Longo’s.
For any of our promotions if we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate the promotion altogether.
Subject to any limitations set out in these Terms or as we may reasonably impose from time to time, you can request product refunds by contacting us by email at guestcare@longos.com - or telephone at 1-800-9-LONGOS from 6am to 10pm EST (Monday to Friday and 7am to 9pm, Saturday and Sunday). If your request for refund pertains to a product quality, a picture may be required to help our quality assurance team assess the matter.
Intellectual Property Rights
Your use of the Services is limited to personal and non-commercial use only, unless other use by you is specifically permitted by Longo’s in writing. We reserve the rights to the Services and content, and you are not permitted to copy, modify, reuse, transmit, distribute or re-post any of the content displayed (except as stated in these Terms) without written permission from Longo’s.
The content shown on the Services is protected by copyright, trademark and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
We may expressly authorize you to redistribute certain content for personal, non-commercial use. We will identify the content that you are authorized to redistribute and describe ways you may redistribute it (such as via email). We may revoke this authorization at any time.
Your Use of the Services
The Services and all materials contained in our Services are provided as is. This means that we disclaim all express and implied warranties about our Services and the materials contained in our Services. This includes (but it is not limited to) warranties: that the materials of any particular level of quality or fit for a particular purpose, that the functional elements contained in the materials will be uninterrupted or error-free, that our Services or the servers that make them available are free of viruses or other harmful components, or that successful results or outcomes will results from properly following any instructions, directions or recipes contained in the materials.
In addition to the above, you assume the entire cost of all necessary servicing, repair or correction. You should take precautions to ensure any material you access or download is free of viruses, worms, trojan horses and other items of a destructive nature. Access to the Services cannot be guaranteed at any time.
Our Services may contain links to third party websites. However, we do not control these third party websites and are not responsible for the content of such websites. Linking to such third party websites is at your own risk, as we do not verify or investigate the information contained within them.
Disclaimers of Limitation and Liability
The information we provide on our Services is believed to be accurate and complete at the time of posting. We attempt to ensure all information remains accurate and current, but we do not guarantee the accuracy, completeness and quality at all times.
The Services may contain forward-looking statements about our future performance. These statements are based on management’s assumptions and beliefs in light of the information currently available to them. We assume no obligation to update such forward-looking statements on the Services, and these statements are subject to uncertainties and other factors that could cause actual results to materially differ.
Longo’s will not be liable for any damages or injury that accompany or result from your use of the Services. These include (but are not limited to) damages or injury caused by any: use or inability to use the Services, use of (or inability to use) any site to which you link from our Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line failure.
Longo’s is not liable for any damages, including but not limited to damages intended to compensate someone directly for a loss or injury, damages reasonably expected to result from a loss or injury (consequential damages), or other miscellaneous damages and expenses resulting directly from a loss or injury (incidental damages). Furthermore, we are not liable even if we have been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Without limiting any of the above, Longo’s shall not be liable for any delay or failure to perform any of its obligations under these Terms or in respect of any completed or attempted transactions on the Services if such delay or failure to perform is due to causes beyond its reasonable control.
In any event, our liability to you for all losses, damages, injuries, and claims of every kind (whether the damages are claimed under the terms of a contract, or they are claimed to be caused by negligence or other wrongful conduct, or they are claimed under any other legal theory) will not be greater than the amount, if any, you paid to us to access the particular Service which is the cause of the claim. You acknowledge that if no fees are paid for use of the Services giving rise to the claim, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind, regardless of the cause of action.
To the fullest extent permitted by law:
(a) We make no express or implied warranties, guarantees or conditions, including without limitation as to merchantable quality, merchantability, fitness for a particular purpose, title or non-infringement, and products sold or available on the Site are warranted, if at all, only under any manufacturer’s warranties that accompany or apply to them (in which case any recourse you have will be against the manufacturer). Your purchase and use of all products is at your own risk, all products are provided as is, with all faults, and as available and you assume all risk as to their quality and performance. We do not guarantee the accuracy or timeliness of information available on the Site. You acknowledge that computer and internet systems are not fault-free and that downtime occurs. We do not warrant that access to the Site will be uninterrupted, timely, secure or error-free or that data or content loss will not occur; and
(b) in no event shall the Site, Services and/or Longo’s or their respective employees, officers or directors be liable for any direct, indirect, incidental, special, exemplary, general, consequential or punitive damages (such as but not limited to lost profits, lost savings, lost data or loss of use) including without limitation damages arising from or relating in any way to the Site and/or Services, the products, content and information available, offered or sold on or through the Site, or their use or misuse, or any unauthorized access to, change to or loss of any data or content. If, despite the foregoing, you have, under any legal theory, any basis for recovering damages from us or our employees, officers or directors, the aggregate liability of all such parties shall not exceed the greater of $100 and the purchase price of the products involved in the transaction from which the liability arose.
The above limitations and exclusions apply no matter the basis of the claim, including but not limited to contract, tort (for example, negligence and product liability), strict liability or other legal basis and whether or not we knew or should have known of the possibility of such damages.
Termination
We reserve the right, at our sole discretion, to limit or terminate access to the Services (or any portion, aspect or feature of the Services), delete any content or information that you have posted on the Services and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) for any reason, or no reason, at any time in our sole discretion, with or without notice. Without limiting the generality of the foregoing, we may at our sole discretion limit access to the Services and/or terminate the registration of any user who violates these Terms or infringes any intellectual property rights of others.
Indemnity
You agree to indemnify and hold Longo’s, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Services, or any content, information, or products accessed, offered, ordered or purchased through the Services, your conduct in connection with the Services or with other users of the Services, or any violation of these Terms or of any law or the rights of any third party.
Other
These Terms shall be governed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada, as applicable (without applying conflict of law principles). If any provision of these Terms is unlawful, void or unenforceable, this will not affect the validity and enforceability of any remaining provisions. We may modify these Terms at any time, by updating this posting and without notice to you. These Terms constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services. Our failure to insist upon or enforce strict performance of any provision(s) of these does not constitute a waiver of another provision or a waiver of the same provision on another occasion.
Longo's Accessibility Policy
As part of Longo’s commitment to accessibility, Longo’s has partnered with eSSENTIAL Accessibility to make its web content accessible as part of its online inclusion efforts. We are actively working to improve the accessibility and usability of our website and adhere to many of the available standards and guidelines. Please review our Accessibility Policy for full details.