This Agreement (the "Agreement") is an agreement between you and Roche Bros. ("Roche Bros.") that states the terms and conditions under which you may use the Site and receive Roche Bros. service, which includes processing and delivery of product orders ("Roche Bros. Service"). Your use of Roche Bros. Service and the Site constitutes your agreement to the terms and conditions set forth below.
TimingOrders are available for delivery six days a week (no service on Tuesday or Friday depending on your location) during the following time periods: noon – 2pm, 3pm – 5pm and 6pm – 8:30pm. For same day delivery, orders must be placed at least four hours prior to the beginning of the desired delivery period (pending availability).Available delivery time periods and associated service fees will be shown as you proceed through the ordering process. You can place your order anytime several weeks before your delivery date. You may cancel via the “My Account” section of the Site . Note that updated orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders less than four hours prior to a scheduled delivery will result in a Restocking Fee. This fee will be $9.95 for all orders. These fees will be charged to your credit card on file.
Receipt of GoodsTo receive delivery, you or a designated recipient (18 years or older) must be available in person (someone at least 21 years old with proper identification for delivery of alcohol and/or tobacco). This designated recipient can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself and must agree to sign for delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If neither you, nor your designated recipient is present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery. In some cases there will be a redelivery fee of $9.95. If we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged the restocking fees as noted in the section above.Your order will arrive with an invoice that will list all of the items you have received and were billed for. If you have a question with your order, please call Customer Service at the phone number listed on the website.
Alcohol Delivery PolicyBecause Roche Bros. is committed to providing responsible service to our customers, we follow all applicable state and federal regulations about the sale and delivery of alcohol.· Someone must be at home to approve and sign for any Beer & Wine delivery. · The person signing for the order must be at least 21 years of age, with valid Massachusetts ID.· Delivery Driver will check for valid Massachusetts ID before order is delivered to home or business.· We do not deliver alcohol to schools or group homes.· Schools in our delivery area should provide Roche Bros. address listing of all campus buildings and residence halls, which will be restricted from alcohol delivery. “Do Not Deliver List”· This listing should be updated annually by school administration.
No one under 21 years of age may place or receive an order from Roche Bros. that includes beer or wine. Our Delivery Drivers check identification of all customers receiving alcohol. If a qualified adult is not available to approve and sign for delivery of Beer & Wine items, the Delivery Driver will remove those items from the order. Your account will be credited for the full amount of any items you do not receive and a $9.95 restocking fee will be assessed. If this results in a balance due, your account will be charged.If an order containing alcohol is on the “Do Not Deliver List”, customer will be notified before delivery and alcoholic items will not be selected for delivery.Also, our Delivery Drivers have discretion with regard to the delivery of alcohol. If a Delivery Driver suspects that a person over 21 is accepting the delivery of alcohol for consumption by a minor, the Delivery Driver may refuse to deliver the alcohol.
DelaysIn the case of inclement weather or other circumstances beyond our control, it may be necessary to make adjustments to our delivery schedule, which may cause us to suspend chosen delivery dates and times. If we expect a delay outside of the selected delivery period, our Customer Service representative may call or email you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
Pricing by WeightFor certain items that are cut, prepared or packaged individually, the per item price you see in your shopping cart for such items is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order, and will appear on the invoice you receive at the time of delivery. You always pay the true price for the actual weight of your products.
Availability of Perishable ItemsGiven the perishable nature of our products and our goal to always provide fresh, high-quality products, from time to time certain products may be unavailable due to market conditions beyond our control or to quality that is below our standards. Therefore, we reserve the right to limit the quantity of a particular product that you may order. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price.
PaymentCredit and certain debit cards are the only form of payment accepted by the Service. Your credit card will be charged the actual cost that is determined after preparing and weighing your order. Roche Bros. will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Roche Bros. reserves the right to collect funds for any uncollected transactions owed to it.
If you fail to pay any costs or charges when due or if a redelivery fee or restocking fee is imposed, Roche Bros. may charge such amount directly to the credit card identified in your Customer Account Information and Roche Bros. may suspend or terminate your access to the Service. You shall be responsible and liable for any costs, including attorneys’ costs and collection costs, that Roche Bros. may incur in its efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by Roche Bros. and/or by your credit card issuer.
Third-Party Information Providers and MerchantsIn cases where the Service permits you to order and receive products, information, and services from businesses that are not owned or operated by Roche Bros., Roche Bros. 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. Roche Bros. 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 Roche Bros. 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.
CopyrightAll Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Roche Bros. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with Roche Bros. for your use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Roche Bros. is strictly prohibited. You acknowledge that Roche Bros. 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 copyrighted material. Roche Bros. reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Roche Bros.
Trademarks“Roche Bros.,” all Roche Bros. logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Roche Bros. or otherwise proprietary to Roche Bros. 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 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 the Site or the Service.
AccessYou will provide all equipment and services and be responsible for all telephone and other charges necessary to access the 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 Site and with the terms of this Agreement. You hereby 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 hereunder.
You acknowledge that from time to time the Service or the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of Roche Bros. or which are not reasonably foreseeable by Roche Bros.User Name and Password
Access to the Service is accomplished through the use of a user name 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 Service with your password. You agree to notify Roche Bros. promptly of any unauthorized use of your password and you will remain liable for any use of the Service until you notify Roche Bros. of the unauthorized use of your password to the extent permitted by law.
Your AccountYou 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 Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, email address, and alternate receiver for your order. You can update your information in the Your Account area on the Site . You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Roche Bros., 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.
CorrectionsIf you would like to update or correct information previously provided to us, you can update your account information on the Site.
Acceptable Use PolicyYou 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 Service, which includes, without limitation, use of the Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (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 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 Roche Bros. to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; IndemnificationYOU EXPRESSLY AGREE THAT USE OF THE SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ROCHE BROS. 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 SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE; ROCHE BROS. DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. ROCHE BROS. 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 SERVICES. ROCHE BROS. 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 ROCHE BROS. NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “ROCHE BROS. 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 SERVICE, OR THE INTERNET. ROCHE BROS.’ LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TO TERMINATE THIS AGREEMENT. ROCHE BROS. RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. 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. Roche Bros. controls and operates the Site and uses it for its stores in Massachusetts, USA. Roche Bros. 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. Price and availability information is subject to change without notice.You agree to defend, indemnify, and hold Roche Bros. harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s costs and costs, arising in connection with a violation of this Agreement by you or through use of your account.
TerminationThis Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Roche Bros. may suspend or terminate this Agreement or the Service or remove or disable access to any portion of the Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Roche Bros. reserves the right to collect costs and charges incurred before you cancel your Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
NoticesRoche Bros. may give notice to you of a change in this Agreement, a change in Roche Bros. cost schedule, and any other matter through a general posting on the Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Roche Bros. by electronic mail (as specified in the “Help” section of the Site).
Attention: ONLINE CUSTOMER SERVICE
Governing Law; JurisdictionThis Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Roche Bros. or relating in any way to your use of the Service or the Site resides in the federal and state courts of Massachusetts and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Massachusetts in connection with any such dispute, including any claim involving Roche Bros. 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 BeneficiariesThe provisions of this Agreement are for the benefit of Roche Bros. 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 Service.
AmendmentRoche Bros. may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective seven days after they are initially posted on the Site. By using the Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on September 28, 2005.
If you do not agree with all of the terms and conditions, do not use the Site or Roche Bros. Service.If you have any questions about this Agreement or the Site please call our Customer Service representative at (781) 694-5280