Terms & Conditions
GREENLING SERVICE AGREEMENT
Welcome to GREENLING. PLEASE READ THE FOLLOWING AGREEMENT AND DISCLAIMER CAREFULLY BEFORE SIGNING UP FOR GREENLING SERVICE. This Agreement ("Agreement") between you and Greenling, Inc. ("Greenling") states the terms and conditions under which you may use the Site and receive the Greenling Service. Your use of the Greenling Service, or this Web Site, or receipt of deliveries from Greenling constitutes your acceptance of the terms and conditions of this Agreement. If you do not agree with all of the terms and conditions, do not use the Site or the Greenling Service.
If you have any questions about this Agreement or the Greenling Service please access our Site's Frequently Asked Questions or call our Customer Service team at 1-888-789-2352
100% Customer Satisfaction Guarantee
If you are dissatisfied with any item, please call us at 1-888-789-2352 or contact us via e-mail at firstname.lastname@example.org. You have up to two weeks after delivery to let us know you are dissatisfied with an item. Credits for unsatisfactory items will be applied to your next scheduled delivery. You may cancel our service at any time by calling or e-mailing us no later than 3:00 pm at least two days before your next scheduled delivery. Except for these two choices, you waive all other remedies that may otherwise be available to the maximum extent permitted by law.
Service. We are a local and organic produce delivery service. You can select a pre-configured box or create your own. You confirm your schedule and begin receiving deliveries. Payment is due when you receive each order. When paying for your order by credit card, your credit card will be charged on the day of each delivery. Some banks do not post these transactions until several days later, however, and we cannot guarantee when a charge will post.
You may change the contents of your box at any time. All of your changes to orders must be received by us by 11:59 p.m. at least three days before your scheduled delivery. Milk, eggs, meat and other frozen or chilled items are specially packed to keep these items cold for up to 8 hours. Please return this special packaging with your box on your next delivery date. We try to fulfill 100% of each special order, but from time to time products may be unavailable and we reserve the right to limit quantities.
Delivery. Your delivery is delivered to your door. You do not need to be home as we can leave the delivery anywhere you would like. If delivery access is restricted, you need to make arrangements for us to be able to deliver your order to your door or some other location, including your work if it is on a delivery route. We request that you refrigerate or freeze perishable items as soon as possible and follow our other storage guidelines to best enjoy our products.
It is your responsibility to ensure you have placed your order correctly and to update your schedule. If a delivery is made, but you do not want it, you are still responsible for payment unless you cancel it in the timeline outlined above (3:00PM two days before your scheduled delivery day). You understand that you are signing up for a subscription service of recurring orders and you must take action to stop deliveries. We can retrieve unwanted orders, but charge a 25% restocking fee to compensate for all that went into making that particular delivery happen.
Delivery Bins. Deliveries will be made in recycled plastic bins and will be left in accordance with the delivery instructions on your Account Profile. In preparation for your next delivery, simply leave out your bin and the driver will pick it up. We ask that you return the bins to us as we reuse them and recycle them should they break. We will contact you if we notice 5 or more unreturned bins and remind you to put them out for your next regularly scheduled delivery. Please note that if the bins are not returned within two weeks, there will be a $10 charge for each unreturned bin. Upon cancellation, a one-time courtesy attempt will be made on your regularly scheduled delivery day to pick up any unreturned bins. If bins are not left out for retrieval, you will need to drop them off for your refund. We will then verify that there are no outstanding billing issues with your account and wait for any checks to fully clear our bank account. Once we have verified your account is in good standing, we will refund your $10 deposit to the credit card we have on file. This can take anywhere from 2-6 weeks to complete. We are happy to try and expedite the process upon request if you need the funds sooner.
Price. The minimum order amount is $25. The final cost of each order will be dependent upon the exact cost of each item. In the event your order total does not meet a $25 minimum, your order will not be delivered. Prices can change at any time without notice, but the prices for your basket will lock in at your cut-off (11:59pm 3 days before your delivery). If you do not take action to cancel a scheduled delivery, you accept our new pricing or pricing structure for future deliveries.
Amendments and Notices. Greenling may give notice to you of a change in this Agreement, a change in the Greenling pricing or pricing structure, and any other matter through a change in the Site, by delivery of a notice to you with your Organic Produce Box, by electronic mail or by conventional mail to your address contained in our customer records. You may give notice to Greenling by telephone at 1-888-789-2352, by electronic mail email@example.com, or by conventional mail to:
3913 Todd Ln, Ste 618
Austin, TX 78744
Your notice needs to be received by 11:59 pm at least three days before your next delivery to be effective for that delivery.
Third-Party Information Providers and Merchants. In the future, the Greenling Service may permit you to order and receive additional products, information, and services from Greenling or businesses that are not owned or operated by Greenling. In such instances, Greenling acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Greenling makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Greenling makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
License and Proprietary Rights
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; Site collection, selection, and arrangement; and all software are the property of, or duly licensed to, Greenling. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the purpose of subscribing to the Greenling Service. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than that noted above, without the prior written permission of Greenling is strictly prohibited. You acknowledge that Greenling and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading material. Greenling reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Greenling.
Trademarks. "Greenling", "Organic Food. Home Delivery.", and all Greenling logos, titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Greenling or otherwise proprietary to Greenling 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 in the Greenling Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Greenling Service.
Access to the Greenling Service
Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Greenling Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the Greenling Site and with the terms of this Agreement. You represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations under it.
You acknowledge that from time to time the Greenling Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Greenling may undertake from time to time; or (iii) causes beyond the control of Greenling or which are not reasonably foreseeable by Greenling.
Account Access and Passwords. Access to the Greenling Service via website is accomplished through the use of a user name (your email address) and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Greenling Service with your password. You agree to notify Greenling promptly of any unauthorized use of your password and you will remain liable for any use of the Greenling Service until you notify Greenling of the unauthorized use of your password.
Your Account. 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 account and password to access the Greenling Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the Your Account area on our Web site or contact our Customer Service team. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Greenling, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. Greenling' uses a secure server that encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Greenling will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Greenling Service.
Corrections. To update or correct information provided to us, please send an e-mail with your new information as soon as it is known to you by calling us (1-888-789-2352) or by e-mail to firstname.lastname@example.org, or update your account information yourself by going to on the Site.
Privacy. We protect your privacy to the extent required by law. We will never sell your email address to third parties.
Greenling complies with the federal CAN-SPAM Act of 2003. We will not sell, rent, swap, share or authorize any third party to use your e-mail address without your prior permission. If you have received an e-mail from us in error, please e-mail us at: email@example.com.
Account and Service-Related E-mail: We reserve the right to e-mail you concerning your account status, including but not limited to, order confirmations, renewals/expirations, payment problems and notifications about major changes to our Web Sites and/or policies.
E-mail Newsletters: If you have registered for an e-mail newsletter and no longer wish to subscribe, follow the "unsubscribe" instructions at the bottom of each newsletter or e-mail us at firstname.lastname@example.org.
Promotional e-mail: With your permission, we may periodically e-mail you messages about various products and services. If you choose to no longer receive these messages, you can follow the "unsubscribe" instructions at the bottom of each e-mail or by clicking here.
Survey e-mail: We may send you an e-mail inviting you to participate in user surveys. These surveys help us improve our Web Sites. Any information we obtain from you in such surveys will not be shared with any third party, except in aggregate form. If you wish not to be contacted for any survey participation, click here.
The interactive features of our Service are designed to encourage conversation. We hope to foster a community of ideas and exchange of information, but realize there will be differences of opinions, and incidences of disagreement. We encourage freedom of speech, but ask you remember that by using our Service you are participating in a community that is intended for all our users.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Greenling Service, which includes, without limitation, use of the Greenling Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Greenling Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Greenling to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE GREENLING SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE GREENLING SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREENLING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE GREENLING SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GREENLING SERVICE; GREENLING DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. GREENLING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE GREENLING SERVICE. GREENLING DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER GREENLING NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "GREENLING PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE GREENLING SERVICE, OR THE INTERNET. A COURTESY EMAIL REMINDER WILL BE SENT TO THE EMAIL ADDRESS ON YOUR ACCOUNT THE FRIDAY PRIOR TO DELIVERY. THIS IS ONLY A REMINDER AND IT IS YOUR RESPONSIBILITY TO KEEP TRACK OF UPCOMING DELIVERIES. GREENLING IS NOT LIABLE FOR CUSTOMERS NOT RECEIVING THIS EMAIL. NOT RECEIVING THIS EMAIL DOES NOT PRECLUDE YOU FROM PAYMENT FOR THE SCHEDULED DELIVERY. GREENLING' LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A CREDIT OR REFUND FOR ANY PRODUCT THAT DOESN'T MEET YOUR EXPECTATIONS. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE GREENLING SERVICE AND TO TERMINATE THIS AGREEMENT. GREENLING RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. THE COST OF GOODS MAY BE DIFFERENT FROM WHAT IS ACTUALLY CHARGED DEPENDENT ON THE WEIGHT OF THE ITEM. GREENLING RESERVES THE RIGHT TO CHANGE PRODUCE ITEMS BY LOCATION OF ORIGIN, VARIETY, WEIGHT WHEN NECESSARY. ITEMS ON THE WEBSITE ARE SUBJECT TO CHANGE BASED ON AVAILABILTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. Greenling controls and operates this Site from its headquarters in Austin, Texas, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
Indemnification. You agree to defend, indemnify, and hold Greenling Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Greenling may suspend or terminate this Agreement or the Greenling Service or remove or disable access to any portion of the Greenling Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Greenling Service at any time for any reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. Greenling reserves the right to collect fees and charges incurred before you cancel your Greenling Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Entire Agreement. This Agreement is your entire agreement with Greenling regarding the use of the Greenling Service and the Greenling Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Greenling, and Greenling Parties. 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 Greenling or relating in any way to your use of the Greenling Service or the Greenling Site resides in the federal and state courts of Texas and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in Travis County, State of Texas in connection with any such dispute, including any claim involving Greenling Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Greenling Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Greenling Service