Last updated February 5, 2020
This web site and all related web pages, mobile applications, and social media pages and accounts (collectively, the “Site”) are provided by Raley’s, together with its affiliates and subsidiaries (collectively, “Raley’s”), as a service to our customers. The Site includes without limitation (a) services offered through Raleys.com and other on-line services accessible via the Site (“Services”); and (b) information such as product, program, pricing, marketing, and other valuable information and content such as data, text, photographs, graphics, messages or other materials (“Content”). By placing an order through the Site or using the Site in any other manner, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms”).
If you do not agree to the following terms, please do not use the Site.
MODIFICATION OF TERMS AND ADDITIONAL TERMS
We may revise these Terms and/or the Additional Terms at any time without notice to you. If the Terms or Additional Terms are revised, we will post the new terms on the Site and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms or Additional Terms as revised, and your use of the Site following the posting will constitute your acceptance of these Terms and the Additional Terms as revised. Please review these Terms and the Additional Terms on a regular basis.
Raley’s may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that Raley’s intends to offer them in your location. Raley’s controls and operates the Site from the United States and makes no representation that the Site is appropriate or available for use in all locations.
All content provided in the Pharmacy area of the Site, and all other medical information provided in the Site, is for educational purposes only and is not intended to substitute the diagnosis, treatment and advice of a medical professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any drug is safe for you. Consult your Raley’s pharmacist and your medical professional for guidance and check the product information before using any prescription or over the counter drugs.
The information and content pertaining to health and general wellness on the Site (“Health Information”) is for informational purposes only. None of the Health Information is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on the Site. The Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.
THIRD PARTY CONTENT
You may provide hyperlinks to the Site from your own website as long as you do not use any Raley’s trademarks, and do not hyperlink to the Site by any means that gives visitors to your own website the impression that you are hyperlinking to pages that are within your own website, or that Raley’s endorses your website, sponsors your website, or is in any way affiliated with your website. You shall not attribute a hyperlink on your website to the Site and then hyperlink somewhere else. You may not “frame” any portion of the Site or present any portion of the Site as belonging to you or any third party..
Raley’s makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third-party web site, products or services provided by any third party.
Any and all Content posted on the Site is owned by Raley’s and others and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Raley’s and/or the respective owner. You may electronically copy and print to hard copy Content for non-commercial, personal use. Any other use is strictly prohibited. You may not use Raley’s name, logo or other trademarks for any purpose without the express written consent of Raley’s. Any rights not expressly granted herein are reserved by Raley’s.
TERMS APPLICABLE TO RALEY’S ONLINE GROCERY SERVICES
Once you have placed an order for Raley’s online grocery services, we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge, pickup charge, tip amount, and/or a personal shopper fee as shown at checkout, if applicable, will also be payable by you. All orders for delivery will also automatically include a suggested tip amount; however, you may adjust the tip amount at checkout (including reducing the tip to $0.00). All prices quoted are exclusive of taxes and fees, including but not limited to any bag fees and/or bottle deposit fees required by applicable law, and such taxes and fees may not be included in your online quote or order acknowledgment. Raley’s shall have the right to add such taxes and fees to your order at the time of delivery or pickup.
Raley’s may request a pre-authorization for some orders placed online with a credit or debit card, and the pre-authorization amount may exceed the total order amount shown at checkout. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a period of time. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
Please be aware that any prices, taxes or fees quoted online at the time of your order are estimates only. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered. Pricing errors may occur on the Site. Raley’s reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation from Raley’s. Raley’s may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Please see the Raley’s Online Grocery Services Pricing section below for additional terms related to the prices of Raley’s online grocery items.
Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. For grocery orders that are delivered to you, title to the goods purchased by you (and the related risk of loss on these items) passes to you upon delivery of the items to the carrier.
Raley’s may provide you with a refund in certain circumstances. If you are not satisfied with your order, your delivery, and/or your service provider, please contact Raley’s Customer Service at 1-800-925-9989.
Raley’s will not provide you a refund for certain goods which by nature cannot be returned. Such items include, but are not limited to, items which cannot be resold for health and hygiene reasons once unwrapped such as personal grooming products, medicines, and certain baby products.
Notwithstanding the foregoing, all refunds will be subject to Raley’s discretion.
B. Raley’s Online Grocery Services Delivery and Pickup
We (including our third party delivery providers) aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date or time. Raley’s (including our third party delivery providers) will not be liable for delivering the goods outside of the requested delivery or pickup window or failing to deliver or make available for pickup all or any of the goods in your order.
C. Raley’s Online Grocery Services Pricing
Final prices for Raley’s online grocery items will be the same prices that are offered in the physical store in which your items are packed for pickup or delivery. If an item’s price changes between the date you place your order online and your selected delivery or pickup day, you will be charged the price that is applicable on your pickup or delivery date. Please be aware that this price may be higher than the estimated price shown on your online order confirmation. Raley’s may also increase or decrease the price of your order based on any additions, subtractions, or modifications you make to your order. If you have chosen to allow substitutions for your order, and substitutions are made, you will be charged the price of the lower-priced item. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and the prices you are charged will be the prices offered in the physical store where your order is packed. Raley’s does not match prices from other online or physical stores or from other Raley’s stores.
Promo codes can be added to your Raley’s online grocery order by entering the code at checkout. To apply a promo code to your order you must enter the promo code in the “Review Cart” section at checkout. Use of a promo code may be subject to you providing proof of entitlement to use the promo code. Raley’s may also accept manufacturer coupons and Something Extra online offers for pickup orders. You must bring the physical coupons to the store during your scheduled pickup window in order to apply the coupons to your order.
Promo codes, online offers and coupons (collectively, “Discounts”) may have expiration dates, after which they cannot be used for any order. In the event that a Discount expires prior to the scheduled pickup or delivery date for your order, such expired Discount will not be applied to your order. Discount values may be adjusted if the total Discount value is greater than the value of the item to which the Discount applies.
Raleys reserves the right to withdraw or cancel any Discount at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the Discount may not be used for any orders picked up or delivered on or after the date of withdrawal or cancellation. Raley’s reserves the right to reject or cancel the use of a Discount where fraud or misuse is suspected. You will have no claim against Raley’s in respect of such rejection or cancellation of a Discount. Raley’s shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Discount or any failure or inability of a customer to use a Discount for any reason.
Discounts may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Discount, you warrant that you are the duly authorized recipient of it.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, RALEY’S (INCLUDING OUR VENDORS) IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT, PHARMACY CONTENT, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, ALL CONTENT, AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT RALEY’S (INCLUDING OUR VENDORS) SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF RALEY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF RALEY’S (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Raley’s, its affiliates, and their respective employees, officers, directors, shareholders, agents and vendors harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, Services or Content.
POLICIES AND ENFORCEMENT
Raley’s has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. Raley’s may access at any time and use internally for any lawful purpose information stored in its systems. Raley’s may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.
You agree not to access the Site except through the visual user interfaces authorized by Raley’s or through our authorized accessibility alternatives. You further agree not to use the Site for any commercial uses other than management of your personal account with us, for personal, family, or home delivery of groceries by Raley’s or to supply your business with groceries delivered by Raley’s, unless you obtain Raley’s prior written approval. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “crawlers,” or “offline readers (other than screen readers and similar devices designed to assist visually impaired persons),” that accesses the Site. Notwithstanding the foregoing, Raley’s grants the operators of publicly accessible search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, and not indices which enable the purchase of products except from Raley’s directly.
CONSENT TO EMAIL COMMUNICATION
When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us (including our vendors) electronically and agree that we (including our vendors) may communicate with you by email or by posting notices on the Site.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in Yolo County, California or Sacramento County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.
NOTICES FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at the e-mail or address set forth in the “Contact Us” section below making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
These Terms and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed an “original” or “in writing” and to comply with all statutory, contractual, and other legal requirements for writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.