Terms and Conditions
 
Welcome to Kowalski’s Markets Terms and Agreement Section. We must supply full terms and conditions to protect our customers and our company. Below you will find detailed legal terms and agreements of our service.

This Agreement (the "Agreement") is a legal agreement between you and Kowalski’s Markets (herein after collectively “Kowalski’s Markets” that states the terms and conditions under which you may receive our online shopping and delivery service and use www.Onthego.kowalskis.com. If you use Kowalski’s Markets online service, you agree to these terms and conditions

  1. Kowalski’s Markets Delivery Service and Website. Our Kowalski’s Markets service is a transaction, information and communication service available to authorized users ("customers") who access Onthego.kowalskis.com.

    1. Grocery Shopping and Delivery Service. Payment for Shopping and delivery fees is due at the time the order is placed. Payment for groceries is due at the time of delivery. You are responsible for ensuring that someone is present at the delivery address to receive deliveries at the specified time of delivery or that you have designated or that a secondary preferred location is designated for order delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If Kowalski’s Markets or our agents needs to, for any reason outside of our own control, re-deliver your groceries, you will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through Onthego.kowalskis.com, you may return it and it will be will be refunded on your credit card. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product, unless you indicate that you do not want substitutions. We will adjust the price if necessary. Kowalski’s Markets liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.
    2. Third Party Information Providers and Merchants. Kowalski’s Markets service may permit you to order and receive products, information and services from businesses which are not owned or operated by Kowalski’s Markets. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Kowalski’s Markets does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for Kowalski’s Markets service.

  2. Your Member Account. You agree to provide Kowalski’s Markets with accurate and complete information as required by registration for our Kowalski’s Markets service("My Account"), including, but not limited to, your legal name, billing and delivery addresses and telephone number. Upon registration, you will be issued a customer identification number and password allowing you access to ordering from Onthego.kowalskis.com. Your password should be kept strictly confidential to prevent unauthorized use.

  3. Property Rights -

    1. Copyright: All content on Onthego.kowalskis.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property Kowalski’s Markets ALL RIGHTS RESERVED, or its content providers. The Kowalski’s Markets authorizes you to view, electronically copy and to print in hard copy portions of Onthego.kowalskis.com for the sole purpose of placing an order with Kowalski’s Markets for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on Onthego.kowalskis.com including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Kowalski’s Markets is strictly prohibited. Kowalski’s Markets reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from The Kowalski’s Markets.
    2. Trademarks: All Kowalski’s Markets logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Kowalski’s Markets or otherwise proprietary to Kowalski’s Markets 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 on Onthego.kowalskis.com are the property of their respective owners.

  4. Fees, Payment and Access. 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 password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Kowalski’s Markets fee schedule which can be accessed online. If you fail to pay any fees or charges when due under our Kowalski’s Markets fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use). You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that The Kowalski’s Markets may incur in its efforts to collect any unpaid balances from you. Your right to use Kowalski’s Markets service is also subject to limits established by your credit card issuer.

  5. Unauthorized or Fraudulent Use. Kowalski’s Markets does not offer our service to children. By registering for Kowalski’s Markets service, you warrant that you are at least 18 years old. If you are under 18, you may use our Hills On The Go service only with the involvement of a parent or guardian. From time to time, Kowalski’s Markets may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and Kowalski’s Markets reserves the right to charge the credit card identified in your Customer Registration Data an amount equal to such damages.

  6. Changes in Agreement, Fee Schedule or Kowalski’s MarketsService. Kowalski’s Markets may at any time change any of the terms of this Agreement or the Kowalski’s Markets Fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for Kowalski’s Markets service. If Kowalski’s Markets makes material changes to this Agreement or changes to the Hills Kowalski’s Markets fee schedule, Kowalski’s Markets will provide notice to you in a manner provided in this Agreement. Your use of the Kowalski’s Markets service after any such change will be conclusively deemed acceptance of such change. Kowalski’s Markets may discontinue or revise any or all aspects of our service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Kowalski’s Markets service and terminate this Agreement.

  7. Termination. Kowalski’s Markets may suspend or terminate your access to the Kowalski’s Markets service at any time for any reason with or without notice to you. You may terminate your Kowalski’s Markets service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your Kowalski’s Markets service for any reason, you will not be entitled to a refund of any fees. Kowalski’s Markets reserves the right to collect fees and charges incurred before you cancel your Kowalski’s Markets service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

  8. Limitation of liability and disclaimer of warranty. YOUR USE OF Kowalski’s Markets, ONTHEGO.KOWALSKIS.COM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. ONTHEGO.KOWALSKIS.COM AND ITS CONTENTS ARE PROVIDED ON AN AS IS;' AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KOWALSKI’S MARKETS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KOWALSKI’S MARKETS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY ONTHEGO.KOWALSKIS.COM ,WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ONTHEGO.KOWALSKIS.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE Kowalski’s Markets NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS ASSOCIATES) SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, KOWALSKI’S MARKETS SERVICE, ONTHEGO.KOWALSKIS.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH KOWALSKI’S MARKETS. KOWALSKI’S MARKETS LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY KOWALSKI’S MARKETS SERVICE AND RETURNED BY YOU.

    The material on Onthego.kowalskis.com is provided for lawful purposes only. Kowalski’s Markets controls and operates Kowalski’s Markets.net from its headquarters in Vadnais Height, MN USA and makes no representation that these materials are appropriate or available for use in other locations. If you use Onthego.kowalskis.com from other locations, you are responsible for compliance with applicable local laws.

  9. Indemnification. You agree to defend, indemnify and hold Kowalski’s Markets and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.

  10. Privacy and Security.Your privacy is important to us at Kowalski’s Markets. We want to make you feel comfortable and secure shopping in our store. This privacy policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. By shopping at Onthego.kowalskis.com, you are accepting the practices described in this Privacy Policy. When you register with Onthego.kowalskis.com, you provide us with your name, billing and delivery addresses, e-mail address and telephone number. You select a username and password allowing you access to the Onthego.kowalskis.com service. Your password should be kept strictly confidential to prevent unauthorized use. While using the Kowalski’s Markets service, you may give us special shopping and delivery instructions, which we store and use to pick and deliver your order to your specifications. Kowalski’s Markets does not sell personal information about individual customers (such as name, address, e-mail address, ) to third parties, sell or rent lists of customers or use information about individual customers except to provide our service.

    Third Party Service Providers. Kowalski’s Markets may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions You may at any time review and change your personal information stored by Onthego.kowalskis.com by accessing the My Account page at Onthego.kowalskis.com. You may also request that Kowalski’s Markets permanently remove all personal information stored by Kowalski’s Markets at any time by delivering notice requesting such removal. Upon such request, Kowalski’s Markets will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your Kowalski’s Markets service. At Kowalski’s Markets, we want you to feel safe while shopping with us. That's why we use the Comodo verification brand to verify our standing. Comodo verifies our address and business standing for your comfort. In addition they encrypt all of your personal information, including name, address and credit card number, as it is submitted to our Webserver.

    Notices.The Kowalski’s Markets may give notice to you of a change in this Agreement, a change in the Kowalski’s Markets fee Schedule, and any other matter by general posting on Onthego.kowalskis.com, by electronic mail. You may give notice to Kowalski’s Markets by electronic mail (visit Contact Us at onthego.kowalskis.com.) If you have any questions about this agreement, please email us at kowalskisonthego@kowalskis.com.

 

Home | About Us | Shop Now | Contact Us

Use of Kowalski's and this website implies acceptance of our Terms of Use and Privacy Policy.

© 2014 Kowalski's Markets. All Rights Reserved.