If you have any questions about this Agreement or the Site please access our Frequently Asked Questions on the website or call our Customer Service team at 1-800-956-5855
PlanetOrganics Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we want to make it right. Just call us at 1-800-956-5855, contact us via e-mail at service@PlanetOrganics.com. You have up to three days after delivery to request a refund. PlanetOrganics may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a refund to your account.
General Rules of Service. Delivery within our delivery area is FREE on all orders. Deliveries outside of our delivery area (our delivery area is The Bay Area and Davis/Sacramento) are subject to a delivery fee. Cancellation of a scheduled delivery must be made at least 48 hours prior to the delivery day (12am). Cancelations made within less than 48 hours will be charged the full delivery amount.
Planet Organics, Inc. observes the following holidays: New Year's Day, Christmas Day, Labor Day, and Thanksgiving Day. All scheduled deliveries for those days will be re-scheduled on alternate days of the week in which the holiday occurs. Cancellations of the alternate day deliveries must be made 48 hours before the alternate delivery day. Planet Organics will inform customers of the alternate delivery schedule via email, the planet organics website, and in the weekly newsletter sent out in each delivery.
Put your empty delivery bins out for pick up when your next order is delivered.
When you sign up for service, you will be charged a $15 bin deposit. If you fail to return any of your bins you will be charged $15 per delivery bin not returned within 8 weeks of delivery. A full refund will be given for all delivery bins that are returned subsequent to a charge being applied to your credit card.
All bins, icepacks, freezer jackets, etc. are the property of PlanetOrganics. They must be returned in a timely manner and in their original condition. If not, your account may be charged or deposits not refunded. We reserve the right to refuse to pick up bins containing materials we feel could be hazardous to our employees or to other customers.
Minimum $32 of purchase is required. If you place an order that doesn’t reach $32 we will add your subscription order to your incomplete order and deliver it on your scheduled delivery day.
PlanetOrganics delivers case sizes of a variety of different goods, including paper towel, beverages, etc. Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our web site. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) above the 5th floor, or deliver more than 3 cases of beverages above the 4th floor. In the event of a broken elevator, we also do not ask our drivers to carry groceries more than 5 floors. Our technology cannot, and does not, enforce these limits. We ask our customers to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. Again, this limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.
Ordering through the Site. Orders must be received before posted cutoff times. Available delivery windows and associated delivery days will be shown as you proceed through the signup process. You can place your order anytime. You can modify an existing order (including the addition or deletion of items, and the cancellation of your order) via the Web (in the "My Planet" section of the Site) up until the posted cutoff time two days prior to the delivery date. To view delivery and times visit the Site and enter your zip code on the home page and see the corresponding delivery date. You may cancel orders via the "My Planet" section of the Site or by contacting our Customer Service Department at 1-800-956-5855 during posted hours. Modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.
Price and Availability. At PlanetOrganics we believe in offering our customers the best product at the best price. We receive fresh products every day to assure you the highest quality. 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 to 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 service@PlanetOrganics.com. We reserve the right to limit your order or the quantity of a particular product that you may order. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to delivery. 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.
Because we custom order some of your perishables, the per item price you see in your shopping cart for items we price by the pound/ounce 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 which are sold by weight.
Delivery of Products. PlanetOrganics packs non-produce perishable items (dairy, meats, seafood, frozen items, etc.) in insulated foam boxes with ice packs to ensure the integrity of your products during the time the products are in our possession. Once we have delivered these products to your door pursuant to your delivery instructions and are no longer in possession of your delivery we are no longer responsible for the integrity of your delivery and the products therein. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items upon receiving them.
Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If no one is present during delivery to receive your delivery, we will use commercially reasonable efforts to contact you and will leave the delivery on your door, or in the designated area you selected during signup.
In an effort to meet the committed delivery for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered. Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call our Customer Service department at 1-800-956-5855 or log on and contact us via email or request a credit within “My Planet” section of the site.
In the case of inclement weather, or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. We will never deliver an order past 10:30 PM without a customer's consent. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location.
PlanetOrganics 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. Your credit/debit card will be charged for your order on the day your order is delivered. Since certain perishables are priced by weight and the actual price is not known until we have prepared and weighed your order, we may request credit card authorization for up to 125% of the order, but only charge you the actual cost that is determined after preparing and weighing your order. PlanetOrganics 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, PlanetOrganics reserves the right to collect funds for any uncollected transactions owed to it. PlanetOrganics may charge a nominal fee of $5 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 (which would include if a check is returned or electronic payment is rejected) or if a redelivery fee or restocking fee is imposed, PlanetOrganics may charge such amount directly to the credit card identified in your account and PlanetOrganics may suspend or terminate your access to the PlanetOrganics Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that PlanetOrganics may incur in its efforts to collect any unpaid balances from you. Your right to use the PlanetOrganics Service is subject to limits established by PlanetOrganics and/or by your credit card issuer.
PlanetOrganics does not accept paper checks, food stamps, or coupons at this time.
Third-Party Information Providers and Merchants. In the future, the PlanetOrganics Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by PlanetOrganics. In such instances, PlanetOrganics 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. PlanetOrganics 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 PlanetOrganics 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, PlanetOrganics. 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 Planet Organics 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 PlanetOrganics is strictly prohibited. You acknowledge that PlanetOrganics 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. PlanetOrganics reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from PlanetOrganics.
Trademarks. "PlanetOrganics," all PlanetOrganics logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of PlanetOrganics or otherwise proprietary to PlanetOrganics 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 PlanetOrganics 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 PlanetOrganics Service.
Access to the PlanetOrganics Service
Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the PlanetOrganics 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 PlanetOrganics 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 PlanetOrganics 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 PlanetOrganics may undertake from time to time; or (iii) causes beyond the control of PlanetOrganics or which are not reasonably foreseeable by PlanetOrganics.
ID Number and Passwords. Access to the PlanetOrganics 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 PlanetOrganics Service with your password. You agree to notify PlanetOrganics promptly of any unauthorized use of your password and you will remain liable for any use of the PlanetOrganics Service until you notify PlanetOrganics of the unauthorized use of your password.
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 PlanetOrganics Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the Your Account area on our Web site or contact our Customer Service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to PlanetOrganics, 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. PlanetOrganics'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. PlanetOrganics 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 PlanetOrganics 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. This technology works best when the Site is viewed using Microsoft's Internet Explorer or Netscape Navigator.
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). PlanetOrganics reserves the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at its sole discretion.
Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to service@PlanetOrganics.com, or you can update your account information yourself by going to “My Planet” section on the PlanetOrganics Site.
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 PlanetOrganics Service, which includes, without limitation, use of the PlanetOrganics 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 PlanetOrganics 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 PlanetOrganics to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE PLANETORGANICS SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE PLANETORGANICS SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PLANETORGANICS 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 PLANETORGANICS SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE PLANETORGANICS SERVICE; PLANETORGANICS DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. PLANETORGANICS 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 PLANETORGANICS SERVICES. PLANETORGANICS 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 PLANETORGANICS NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "PLANETORGANICS 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 PLANETORGANICS SERVICE, OR THE INTERNET. PLANETORGANICS'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 PLANETORGANICS SERVICE AND TO TERMINATE THIS AGREEMENT. PLANETORGANICS 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. PlanetOrganics controls and operates this Site from its headquarters in Sonoma, CA , USA, 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.
You agree to defend, indemnify, and hold PlanetOrganics 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.
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. PlanetOrganics may suspend or terminate this Agreement or the PlanetOrganics Service or remove or disable access to any portion of the PlanetOrganics Service at any time for any reason with or without notice to you. You may terminate this Agreement and your PlanetOrganics 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. PlanetOrganics reserves the right to collect fees and charges incurred before you cancel your PlanetOrganics Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices. PlanetOrganics may give notice to you of a change in this Agreement, a change in the PlanetOrganics Fee Schedule, and any other matter through a general posting on the PlanetOrganics Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to PlanetOrganics by telephone at 1-800-956-5855, by electronic mail (as specified in the "Contact US" section of the PlanetOrganics Web site).
Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of PlanetOrganics 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 PlanetOrganics Service.
Amendment. PlanetOrganics may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. 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 November 4, 2008.