terms & conditions of use
Welcome to the online services provided by Harmons Grocery at harmonsgrocery-test.us-west-2.elasticbeanstalk.com & shop.harmonsgrocery.com, this document defines the terms and conditions of use for Harmons online platforms. Those who choose to use Harmons online services are asked to abide by the terms and conditions detailed, so please review these terms and conditions closely. If there is disagreement with these terms and conditions please refrain from using these Harmons online services. Persons under 18 years of age are expected to use these services only under the supervision of a parent or guardian who has agreed to these terms and conditions.
Please note that these terms and conditions may be updated in the future as Harmons provides refined online services to our customers, future visits after these terms and conditions have been updated are to be followed and abided by those choosing to use Harmons online services. Those who do not accept refined terms and conditions are asked to please refrain from using these Harmons online services.
A wide variety of Harmons top selling products have been selected for the online customer ordering experience. These include Harmons fresh prepared Deli, Bakery, Meat and Produce items as well as a sizeable number of our center store items. All items can be added to your online shopping cart, and below are further details on the ordering process. Not every Harmons location offers the pickup service, but Harmons endeavors to have this service as available as possible at our many locations. For every Harmons location the online platform can be used to create multiple shopping carts and view our current Weekly advertised pricing. Submission of an order by a customer is an offer of purchase to Harmons for items and/or services. It is within our discretion to accept or deny the order. Upon acceptance of the order Harmons will charge the customer for the products and services rendered. Customers have the right to cancel an order using Harmons online ordering platform. During the order customers will receive notification from Harmons on the status of their order, it is up to the customer how they receive that notification. Communication back to the customer is dependent on the process in which communication occurs. There are preset channels and pathways of communication on orders, anything outside of these channels may not be received by Harmons personnel. Minimums and other restrictions may apply on the order and it is the customers right to refuse the service.
There may be applicable processing fees per order, these fees will be detailed as a line item on the receipt and in the shopping cart. All fees will be charged to the credit card on file upon completion of the order.
Pick Up Time Slots
For Harmons locations that offer customer pick up service, a time slots picker will be available as a shopping cart is completed. This allows customers to assign an available pick up time slot that is convenient for them. These time slots will fill up in the most popular times of day, but orders can be placed days in advance to accommodate customers. Locations not offering order pickup service will not have the time slot module activated. As Harmons begins to pick customer orders there will be notification to the customer. This will act as a reminder to the customer of the activity they requested. Orders can be cancelled prior to the time that the order is picked by Harmons store personnel. Notification will be sent to the customer when the order picking begins by Harmons store personnel.
Persons not of legal age to order controlled items shall refrain from placing these items in their shopping cart for a transaction. Any item requiring a condition for purchase will require identification prior to completion and delivery of the order (i.e. alcohol). Restricted items requiring an age of 18 or 21 years of age must accompany a valid form of identification to complete the transaction. It is allowed for customers to send someone to pick up their order, but that person must meet the age requirement. Any item that fails the age requirement of the person picking up the order can be removed from the order. Completion of controlled items in a transaction are at the discretion of the Harmons personnel following Harmons rules.
Rights on Orders
Orders placed online are accepted by Harmons after verification processes have occurred. The receipt of a confirmation is not considered complete acceptance of an order. Upon discovery of issues with information Harmons reserves the right to cancel an order request without any obligation on either side. Additionally, Harmons will address requests that have high order quantities with the customer, and has the right of refusal.
Abandoned Orders are those orders that are not picked up by end of day which is one hour after the last pick up time of the day. Our personnel will attempt to reach out to the customer, and if there is no response the product will be restocked and the transaction will be cancelled. After an order has been cancelled, the customer will need to create a new order and select another time to complete their desired transaction
Below are details related to Harmons goods that our customers will find in our online experience. These details describe how Harmons interrelates with customers in the selection and production of options that we provide. It is important to think of Harmons eShop as as tore, at times when you shop there maybe products available, or at times product maybe out of stock. Our online platform is not tied to Harmons Inventory at a store, so much like shopping the physical store items at times can be out of stock. We strive to provide the be stand most thorough selection to all of our customers.
Availability of Goods
Each Harmons location has its own mix of products that are represented online. Much like the in-store experience items are at times out of stock, substitution products will be suggested to the customer unless they have opted to not have alternative products considered.
In selecting perishable items, Harmons will always select to the freshest highest quality items. For each item customers have a comment area where specifications can be documented to guide the picking process. Due to market conditions and availability of products, the overall quality might vary as well as on hand quantities to fulfill an order. There may be times that Harmons may need to limit or modify the items requested.
Substitution of goods
As a primary goal, Harmons will always seek to fulfill every order with the exact items requested by our customers. However, in instances where the requested items are not available, Harmons will offer a substitute equivalent item to fulfill the request. Within the Harmons eShop customers can specify no substitution for an item on the order, or customers can state that substitutions are desired. A Harmons eShop associate will reach out to the customer for approval of substitute products prior to order completion. Customers who authorize substitutions but are unhappy with the items substituted can contact their Harmons store for a resolution.
Certain goods purchased have their own set of rules and restrictions that might not be apparent on the Harmons website. Some examples include our floral arrangements that require delivery addresses and our gift cards with special restrictions documented on the cards themselves. Please be aware of special governing restrictions for certain products, services and offerings. Terms and conditions can be specific to the items being purchased. The terms and conditions of the items or services being purchased override other terms and conditions.
Receipt of goods
At each Harmons location you will find a clearly marked area to pick up your online goods, these goods have been hand selected for you by one of our talented personal shoppers.To reduce the risk of fraudulent activity on your account, Harmons will verify picture ID for anyone picking up an order. It is important to communicate to Harmons if there have been alternative plans on who is going to pick up your order so we can assure a good experience.For any controlled item, such as alcohol, those items can only be picked up by someone of the correct age for that controlled item.Harmons cannot release controlled goods to someone who does not meet the correct age criteria. Please take note of this as you select and authorize someone to pick up your order. Through some type of electronic communication that is documented, such as email or text or on the online platform, we ask that persons sent to pick up an order are verified. This allows protection for both Harmons and the customer to reduce the risk of fraud on the account and that we provide the highest level of service.
All pricing that customers receive are adjusted and based upon the date and time of pickup. Cart totals are subject to change depending on the time of cart creation versus the time of order completion. It is up to the customer to be aware of the date/time that pricing and related promotions end that might impact the total cost of their cart. Everything in the Harmons platform is measured by United States dollars as a unit of measure, rates can be subject to change and subject to applicable taxes. Prices and tax rates are calculated on the online cart but this may not be the final amount charged as calculations will be made upon final pick up of the order.
Advertised prices seen on a Harmons flyer, online promotions, sale prices or manufacturer promotions have defined terms and time frames which are detailed for each of the products. Those products must be ordered and picked up within that promotions timeline. Any promotion that halted prior to the completion of the transaction cannot be honored. It is the requirement of the customer to monitor these promotions and finalize the purchase and pickup prior to the promotion end date.
Certain Harmons promotions are in store only, it is the responsibility of the customer to read the terms and conditions of the advertisement. Those types of in store purchases are not available in an eShop pick up order.
Additionally, certain promotions are for only specific stores and are not transferrable between stores. If an item is added to a list for one store and the store preference changes in the online version, you will be notified that the items on your list will not completely transfer as your store preference changes. Please take care and be aware of the details for Harmons promotions and related offers.
Stores are not required to accept online promotions in store, nor are in store promotions required to be accepted online. Pricing as shown between stores online are not required to be honored from store to store.
Upon recognition of an incorrectly assigned price or promotion, Harmons retains right of refusal in honoring that price or to cancel that item from an order regardless if that order has been previously confirmed.
Some items are sold by weight (pound/cut), other items are packaged or sold individually as well. For online purchasing, these items are based upon an average weight that has been estimated, and changes from time to time depending on market conditions. Please note that final prices will be based upon what is available to be picked in the department for your order. This price will be calculated and documented upon completion and pickup of the order assuring that customers pay the actual price for the product received.
Coupons can be clipped online for products that Harmons offers using our online loyalty site, Foodie Club. Physical coupons cannot be used for online orders. Online coupons used when products are ordered online will be reflected in the total at time of purchase and savings will be reflected on the receipt.
Each coupon shall comply with the terms and conditions of that coupon. Harmons reserves the right with no advanced notice to modify our coupon policies.
There may be instance beyond the control of Harmons that delays the completion and fulfillment of customer orders. In these instances, Harmons will attempt to reach out to customers to explain the issue and reschedule for a time convenient to our customers.
Any feedback is a top priority for attention and resolution, please reach out by phone to the Harmons store where you placed your eShop order. Details of your order will be best handled at the store where your order originated. For the highest level of support on eShop orders, please contact the store directly and ask for the eShop or store manager. Have the specific details about the order you placed on eShop so it can be referenced ready before you call. And please note that on each eShop order completed, an email summary was sent to your Harmons Foodie email address.
When Harmons receives feedback related to an eShop order it is our policy to review, comment or make any reasonable concessions. For our eShop platform Harmons can adjust these online orders that have been placed and provide restitution. Whenever situations such as damaged items, pricing issues, coupon/discount application are felt to be incorrect these can be reviewed as well. Contacting Harmons online or through our eShop applications limits our ability to provide an efficient solution, so customers are asked to reach out to the store with a phone call.
A right to perform an investigation or determine the best course of action when there are complaints is reserved by Harmons to assure a high level of service is provided. Our store managers will be available to rectify any issues with an eShop order.
Each customer using Harmons online platform to purchase products is expected to use a credit card online. For each order placed, Harmons is granted the right to reserve an amount of 115% of the order total to allow for customer changes in the items requested as well as variations in the items being purchased, such as weighted items. This amount will be on credit card hold until the purchase is completed and picked up or the purchase is cancelled. Customers will only be charged for the exact amount required upon completion of purchase.
While cards are being authorized for each order, they must have an available balance to cover the cost of the order, otherwise the transaction will be declined. Upon approval of the balance, customers will be able to reserve a convenient timeslot for pickup of the order. Each customer agrees to payment upon pickup of the goods that were ordered and this completes the transaction.
These payments are agreed to for any person that the card holder has provided access to their online Harmons account using the correct credentials including friends and family. Customers have the right to modify the access password at any time to their secure Harmons account.
Information related to credit cards is secured through our credit card provider and none of this information is stored by Harmons.
At times Harmons may need to do a re-authorization of a credit card, at that time a submission for the original amount will be sent to the credit card provider. If the reauthorization fails due to issues with the card, Harmons will attempt to contact the customer. If an order does process and funds fail to transfer to Harmons, the right to seek collection of funds is a right that Harmons reserves. This may lead to termination of service with a customer as well as the customer being liable for costs including attorney fees and collections costs incurred.
Products represented online are documented to the best of Harmons ability to gather the available packaging information from manufacturer sources. For the information contained online concerning products Harmons does not warrant their content being complete, accurate or error free. Harmons strives to assure accuracy in the products represented and continues to refine product data.
Manufacturers provide this information and it is subject to change. Information that has been provided to available sources may not match the product label. While Harmons does its best to stay in pace with the manufacturers most current data we do not guarantee the accuracy of the data represented.
Images are provided by manufacturers and there are many photos or sometimes no available images to use. While Harmons does its best to stay in pace with the manufacturers most current imagery we do not guarantee the accuracy of the data represented.
Current product information
Customers seeking current information about a product prior to making a purchase are asked to visit that manufacturers site directly to gather the most current and required data. Being an informed consumer and reading closely any labels that meet the needs of our customers is always suggested. Information on the Harmons site does not replace information from your health care provider, dietician or doctor. Nor does Harmons make any claims as to the validity of a product to help with any condition. As always please direct inquiries to your trusted health professional or to the FDA (Food and Drug Administration). Neither Harmons nor the providers of its content sources assume responsibility for inaccuracies on manufactured products.
Customers and Information
Customers who wish to use the Harmons online platform are required to be a member of the Harmons Loyalty program (Foodie Club). To sign up as a loyalty member please visit HarmonsGrocery.com and press the login button to create an account. This will give you full access to every aspect of the Harmons online experience. Remember to protect your username and login information, this gives you and whomever you share this information with the right to access the Harmons platform on your behalf. You are responsibility for transactions on your account. All passwords are encrypted and inaccessible to Harmons personnel so please assure you use a valid email address for password resets. Harmons can assist customers as needed with any issues they have with their Foodie Club account, please contact us and we will happily assist.
Each customer is responsible to keep their information up to date on the Harmons online platforms. Additionally, each customer represents themselves as a responsible individual of at least 18 years of age in order to use the Harmons online platform.
Such things as:
- Customer personal information for our loyalty accounts and offers.
- Credit card information that is valid for online purchasing.
- Maintaining customer account passwords to the online site.
- Responsibility for all activity that happens using a customer’s private account.
- All activity that occurs using the credit card registered for the customer is the responsibility of the customer registered to the online account. Any use of the customer credit card for transactional purposes is deemed authorized and legal.
- Protecting their site login information from potential misuse of purchasing.
Each customer is responsible to update the Harmons portal with account detail changes at any time using the online Harmons account portal at any time. Any loss, theft or unauthorized activity is the responsibility of the card holder and their card provider.
Customers agree to the payment processing of services rendered by Harmons including taxes and fees.
Customers are responsible to pay for the technology services that allow them to access the Harmons online platform.
Blogs and Forums
Each customer is responsible for their behavior on any blog or post or online outlet that Harmons provides on its platforms. Any information a customer chooses to share is solely their responsibility for the outcome. Please note that Harmons encourages caution to all of its customers to take care with what personal information they choose to share using our forums, it is solely the customers responsibility for what they share.
By posting and submitting on a Harmons owned online site you authorize Harmons to utilize that information posted for their purposes. As the originator of the content the customer is the owner but grants full royalty free licensing rights to the content for Harmons. Any submission or feedback to Harmons is not considered confidential unless previously agreed upon, this communication places no obligation on to Harmons.
Within Harmons platform there at times are links to external sources of information, and Harmons makes no claims or endorsement to the overall content provided by these external organizations. It is the customers responsibility to weigh the validity of claims made by third party sites, and Harmons does not assume responsibility for the claims made.
Online service provided by Harmons and specific related content such as original media, recipes, logos and graphics are solely owned by Harmons and subject to intellectual property rights and trademark laws. Without express written consent Harmons does not grant usage of any of the content contained within our online platforms.
This online platform is for the use of Harmons customers for viewing and utilizing its content for noncommercial use. Access to the site is not for commercial resell by any other organization or licensing by another party.
In using Harmons online properties, you are agreeing to abide by all related laws and you agree to taking responsibility for actions that violate the law while using these services.
Harmons affirms its rights to the content displayed on the online sites, and at any time reserves the ability to change without notice:
Services, features, prices, information, products, availability, fees, discontinuations, impose conditions on offers, halt use from users, and impose terms / policies.
Harmons reserves the right to refuse service to any customer with or without cause
Where quality and service meet
We’ve spent more than 82 years gaining your trust, and we have no plans of stopping. When you enter the online neighborhood, the highest standards of privacy apply. Protecting your privacy is as important to us as bringing quality food to your home. Be assured that we will safeguard your information, so your online shopping experience is as secure as it is convenient and fun. Our commitment to outstanding service extends beyond our store doors and into your home.
What and Why
You may elect to receive email communications about specific products, promotions or interests. Email addresses are stored in an electronic database and are for Harmons’ use only. At any time you may change your email communication preferences, upgrade to full account access or discontinue communication.
You may elect to establish a personal account on harmonsgrocery.com. An account will enhance your online experience by allowing you to opt into information on personal areas of interest, the ability to create and store personalized shopping lists, manage your recipe box, track events specific to your home store selection and much more. Having a Harmons online account will also expedite checkout procedures with online orders. This information comes directly from what you enter during the registration process. It is the user’s responsibility to maintain current and accurate information. You may update user information and preferences at any time. As with any user account, remember to keep your username and password information secure and to log off when using a shared computer.
Like most websites, harmonsgrocery.com collects and maintains non-personal data such as number of visitors to the site, most popular pages, the user’s operating system and user’s browser type. We use this information to help us improve our website and enhance your visiting experience and cannot be used to identify or contact you. We do not automatically collect email addresses or other personally identifying information.
We Will and We Will Not
- We will use your information to help us understand your preferences and to personalize your browsing and shopping experience.
- We will use your information to keep you updated on products, promotions and interests of which you have elected to be notified.
- We will use your information to process and complete transactions, including the ordering and delivery of products and/or services.
- We will not sell or share your name, phone number, address, email address or other personally identifiable information.
- We will not share your personally identifiable information with third party companies in the ordinary course of business or for their use of direct marketing purposes.
- We will not share gift recipient information entered by you with third party companies. In cases which information is required to complete a service, such as product delivery, the third-party company is prohibited from using any other information than what is required to complete the service.
When required by law, upon governmental request, or to protect ours or others’ rights, property, or safety, Harmons may have to disclose specific information.
We Can’t Control Others
Our site may include links to websites we feel are relevant to various products, topics or current issues and are provided for your information and convenience. Though we take great care and consideration to which sites we provide links, Harmons is not responsible for the privacy practices of any of the linked sites.
Harmons’ website is not intended to collect personal information about children under the age of 13. We ask that children not provide any personal information and if they have done so without parental or guardian consent we ask the parent or guardian contact us to have the information removed. There may be areas of the site intended for the use of children, such as coloring pages and games, but we do not collect personal information in connection with these activities.
We take security very seriously and have put in place appropriate physical, electronic and managerial procedures to safeguard and prevent unauthorized access to information we collect online. Though the nature of the internet is that no data transmission can be guaranteed to be 100% secure, we do employ commonly used methods of encrypted communication technologies.
Things Can Change
No Warranty and Warranty Disclaimer: WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE. FURTHERMORE, THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR EXPERIENCE OF THIS SITE.
THIS SITE IS PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, WHATEVER ITS SOURCE, AND ALL USE OF (OR INABILITY TO USE) THIS SITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER TYPE OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE (OR INABILITY TO DO SO) IN ANY MANNER. YOU AGREE THAT OUR TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS SITE, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION.
Indemnification: You agree to indemnify and hold us, our officers, directors, employees, subsidiaries, affiliates and related companies harmless from and against any claim or demand, liabilities and settlements, including reasonable attorney’s fees, made by any third party due to or arising out of the unsolicited submissions, content you submit, post to or transmit through this site, your use of this site, your connection to this site, your violation of these terms and conditions or your violation of any rights of another in connection with your use of this site.
Use Outside the United States: We are based in Salt Lake City, Utah, in the United States of America. We make no claim that the site content is appropriate, or may be downloaded, outside of the United States, and this site is not intended for use by persons outside the United States. Access to the site content may not be legal by certain persons in certain countries. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Governing Law: These terms and conditions are governed by and shall be interpreted under the laws of the State of Utah, U.S.A., notwithstanding its conflicts of law principles. All disputes or claims arising out of use of this site will be resolved in the United States Courthouse for the District of Utah.
Miscellaneous: If any provision of these terms and conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. Waiver by us of any breach under these terms and conditions shall not affect or impair our rights with respect to any subsequent breach of the same, similar, or of a different nature. Our failure to exercise or enforce any right or provisions of these terms and conditions shall not constitute a waiver of such right or provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site, the site content, or the terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of use are for convenience only and have no legal or contractual effect. The provisions of the terms and conditions of use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.