Terms
Welcome to LolaBee’s Harvest. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (our "Site"). This Agreement (the "Agreement") is an agreement between you and LolaBee’s Harvest, LLC ("LolaBee’s Harvest") that states the terms and conditions under which you may use the Site and receive LolaBee’s Harvest service, which includes processing and delivery of product orders (the "LolaBee’s Harvest Service"). Your use of the LolaBee’s Harvest Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the LolaBee’s Harvest Service.
If you have any questions about this Agreement or the Site please email us at info@lolabees.com or call us at 415-854-0370.
LolaBee’s Harvest Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, you will get your money back. We want to make it right sojust call us at 415-854-0370 or contact us via e-mail at info@lolabees.com.
LolaBee’s Harvest Service
Ordering through the Site. Once you sign up for LolaBee’s Harvest Service, you are scheduled to receive deliveries on your designated delivery day each week. In order to cancel a delivery you must either sign into your account and visit the “Vacation” section of the site to set the dates when you DO NOT want to receive deliveries, email us at info@lolabees.com or call us at 415-854-0370. If you do not reach a customer service representative please leave a message with the dates for the deliveries you want to cancel. In order to ensure the cancellation of a delivery, cancel by the closing time of the online market for your designated delivery day. We may be able to accommodate late cancelations but not in all cases. Cancelations that cannot be accommodated will result in a charge equal to 50% of the original order total but will not be assessed a delivery fee. Customized orders must be received by the posted closing time for the online market for your delivery day. If you do not place an order in our online market during the designated shopping window for your delivery day you will receive a LolaBee’s Harvest produce box. You will receive an email reminding you when the online market is open for shopping and a second reminder email 5-7 hours before it closes. While the online market is open for shopping you can add items to an existing order by logging into your account and following the instructions to add items. To remove items or cancel an order that has already been placed, please email or call us with your changes or cancellations before the market closes. After the market closes we will do our best to accommodate your changes, but may not be able to in all cases. To view delivery and cutoff times, visit the “About Delivery” section of the site.
Price and Availability. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or quality that is below our standards. At times when we have an item that's very similar to the item you ordered, we may make a substitution. If you're not happy with the replacement, please email us at info@lolabees.com or call us at 415-854-0370. If we are unable to fulfill your entire order we will email you prior to delivery. We will not charge you for items that you ordered that we cannot deliver. Once you complete checkout, your price, or price per pound/ounce where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your credit card or checking account will not be charged.
There are times when we may only be able to secure a limited amount of a particular product due to scarcity of local supply. For this reason, we reserve the right to limit the quantity of a particular product that you may order.
Delivery of Products. LolaBee’s Harvest has a delivery charge of $4.95 which will be shown as you proceed through the ordering process. LolaBee’s Harvest packs your orders in insulated reusable totes using ice packs to maintain the proper temperature, quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We guarantee your products will remain fresh in the delivery box at room temperature (78 degrees) for 8-12 hours from the time the tote leaves the warehouse at 9am on the day of delivery. Frozen items must immediately be placed in a freezer.
On the morning of your designated delivery day please leave your empty tote, including liner, all ice packs, and any silver insulation bags on your doorstep for pickup. If you forget to leave it out for the driver please do so the following week. Four weeks after the date of delivery, if a tote is not returned your credit card will be charged $45 for the cost of replacing the tote, ice packs and insulation. If you return a tote after the 4 week grace period, please contact us by email at info@lolabees.com and we will refund the $45 charge for the tote to your credit card. After each use totes are sanitized.
LolaBee’s Harvest will always make its best effort to deliver you order between 9am-3:30pm on your designated delivery day. In the case of emergency or unexpected delivery challenges we will alert you by either phone or email if your order cannot be delivered between the expected hours on the designated day. LolaBee’s Harvest offers unattended delivery so that you do not have to be home to receive the order. In the designated box during the sign up process, please leave very clear delivery instructions for the driver. If you live in an apartment building or condo complex with secured key entry please mail a key to LolaBee’s Harvest’s mailing address at 2050 Galvez Ave. San Francisco, CA 94124. Mail key in a padded or extra thick envelope so the key cannot poke through the envelope and get lost in the mail. Include your email address with the key so we can identify to whom the key belongs. Do not write your return address on the envelope but rather use our P.O. Box as the return address or your work address. If we do not receive the key and our delivery driver is not able to find a secure place in which to leave the delivery, we cannot make the delivery. In this instance, you will be charged the cost of the order plus the delivery fee. Please do not mail us a key to your home, only the key to allow the driver to enter the building. If you live in a building secured with a number entry code please indicate this and the code in the special delivery instructions area of the sign up. If you live in a building with a doorperson please indicate whether we should leave the delivery with the doorperson or in front of your apartment door. If you live in a home that has a safe place where we can leave the delivery please indicate the location in the special delivery instructions. If you are not sure where we should leave a delivery please call us at 415-854-0370 or email us at info@lolabees.com. We will discuss the situation with you and find a solution that works for you.
Your order will arrive with an invoice that will list all of the items you have received and for which you were billed. If something is missing from your order or you are dissatisfied with anything, please call us at 415-845-0370 email us at info@lolabees.com.
LolaBee’s Harvest drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so if exceptional service is provided by the driver.
Credit Card Payment. LolaBee’s Harvest will execute an authorization on your credit card to verify that your account is valid and that the information you provide to LolaBee’s Harvest is correct. This authorization does not cost you anything and will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your bank’s rules). If you experienced trouble enrolling with LolaBee’s Harvest, you may see multiple authorizations. These multiple charges will expire in a few days.
Your credit/debit card will be charged for your order on the day your order is delivered. LolaBee’s Harvest will not process orders that attempt to 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, LolaBee’s Harvest reserves the right to collect funds for any uncollected transactions owed to it. LolaBee’s Harvest may charge a fee of $2 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due (credit/debit card is rejected) or restocking fee is imposed, LolaBee’s Harvest may charge such amount directly to the credit card identified in your Customer Account Information and LolaBee’s Harvest may suspend or terminate your access to the LolaBee’s Harvest Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that LolaBee’s Harvest may incur in its efforts to collect any unpaid balances from you. Your right to use the LolaBee’s Harvest Service is subject to limits established by LolaBee’s Harvest and/or by your credit card issuer.
LolaBee’s Harvest is unable to accept paper checks, echecks, food stamps, or third-party coupons at this time.
Third-Party Information Providers and Merchants. In certain cases, the LolaBee’s Harvest Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by LolaBee’s Harvest. In such instances, LolaBee’s Harvest acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, 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. LolaBee’s Harvest 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 LolaBee’s Harvest 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; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, LolaBee’s Harvest. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with LolaBee’s Harvest for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of LolaBee’s Harvest is strictly prohibited. You acknowledge that LolaBee’s Harvest 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. LolaBee’s Harvest reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from LolaBee’s Harvest.
Trademarks. "LolaBee’s Harvest", all LolaBee’s Harvest logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of LolaBee’s Harvest or otherwise proprietary to LolaBee’s Harvest 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 LolaBee’s Harvest 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 LolaBee’s Harvest Service.
Access to the LolaBee’s Harvest Service
Access. You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the LolaBee’s Harvest Service and the Site. You agree to comply with all laws applicable to your activities on the LolaBee’s Harvest 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 LolaBee’s Harvest 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 LolaBee’s Harvest may undertake from time to time; or (iii) causes beyond the control of LolaBee’s Harvest or which are not reasonably foreseeable by LolaBee’s Harvest.
ID Number and Passwords. Access to the LolaBee’s Harvest Service is accomplished through the use of your email address as your user name and a password that you choose 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 LolaBee’s Harvest Service with your password. You agree to notify LolaBee’s Harvest promptly of any unauthorized use of your password and you will remain liable for any use of the LolaBee’s Harvest Service until you notify LolaBee’s Harvest.
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 LolaBee’s Harvest Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate contact for your order. You can update your information by logging onto your account via our “Site” or contacting us via email or phone call and voicemail. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to LolaBee’s Harvest, 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. LolaBee’s Harvest's secure server encrypts your payment information so that it cannot be read as the information travels over the Internet. Once we receive your payment information, it is stored in our secure data center. LolaBee’s Harvest will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the LolaBee’s Harvest Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card and bank account number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.
Purchase of Alcoholic Beverages. By law, purchasers of alcoholic beverages must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). If you appear to be underage or near underage, you must present identification and proof of age at the time of delivery to receive alcoholic beverages. LolaBee’s Harvest reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at its sole discretion.
Privacy Policy. Please review our Privacy Policy, which also governs your visit to the LolaBee’s Harvest Site and use of the LolaBee’s Harvest Service, to understand our practices.
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 LolaBee’s Harvest Service, which includes, without limitation, use of the LolaBee’s Harvest 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 LolaBee’s Harvest 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 LolaBee’s Harvest to be in conflict with the letter or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE LOLABEE’S HARVEST SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE LOLABEE’S HARVEST SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LOLABEE’S HARVEST 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 LOLABEE’S HARVEST SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE LOLABEE’S HARVEST SERVICE; LOLABEE’S HARVEST DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. LOLABEE’S HARVEST 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 LOLABEE’S HARVEST SERVICES. LOLABEE’S HARVEST 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 LOLABEE’S HARVEST NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "LOLABEE’S HARVEST 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 LOLABEE’S HARVEST SERVICE, OR THE INTERNET. LOLABEE’S HARVEST'S 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 LOLABEE’S HARVEST SERVICE AND TO TERMINATE THIS AGREEMENT. LOLABEE’S HARVEST 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. LolaBee’s Harvest operates this Site for use in specific jurisdictions where it provides its Services, 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. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold LolaBee’s Harvest 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.
Miscellaneous
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. LolaBee’s Harvest may suspend or terminate this Agreement or the LolaBee’s Harvest Service or remove or disable access to any portion of the LolaBee’s Harvest Service at any time for any reason with or without notice to you. You may terminate this Agreement and your LolaBee’s Harvest 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. LolaBee’s Harvest reserves the right to collect fees and charges incurred before you cancel your LolaBee’s Harvest Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices. LolaBee’s Harvest may give notice to you of any change or any other communication related to this Agreement through a general posting on the LolaBee’s Harvest Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to LolaBee’s Harvest by telephone at 415-854-0370, by electronic mail (as specified in the "Contact Us" section of the LolaBee’s Harvest Web site), or by conventional mail to:
LolaBee’s Harvest, LLC
2050 Galvez Ave
San Francisco, CA 94124
Attention: CUSTOMER CARE
Entire Agreement. This Agreement and the Privacy Policy referred to herein represent your entire agreement with LolaBee’s Harvest regarding the use of the LolaBee’s Harvest Service and the LolaBee’s Harvest 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, LolaBee’s Harvest, and LolaBee’s Harvest 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 California without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with LolaBee’s Harvest or relating in any way to your use of the LolaBee’s Harvest Service or the LolaBee’s Harvest Site resides in the federal and state courts of California and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of California in connection with any such dispute, including any claim involving LolaBee’s Harvest Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.
Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of LolaBee’s Harvest 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 LolaBee’s Harvest Service.
Amendment. LolaBee’s Harvest may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Site for orders already placed. By using this 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 February November 1, 2011.
