Amy’s Fresh Delivery

Terms of Service

  1. The contents of the basket will vary depending on what the farmers are distributing during that time period. We try to give you a wide selection of fresh produce.
  2. Order forms must be received by Friday at midnight (12:00AM EST) for Monday and Tuesday deliveries, and by Sunday at midnight (12:00AM EST) for Wednesday and Thursday deliveries to be processed for the next week.
  3. To receive our service, you will need to pay via a credit card before you receive your next basket. We will email you an invoice once we receive your order form. We accept all major credit cards. Visa, MasterCard, and American Express.
  4. If payment is not received, the service will automatically stop. Service will start again once we receive payment.
  5. If you need help with the order form, have questions about payment, or any general question please contact us.
  6. Currently, we deliver on Mondays and Wednesdays to the Pinellas, Pasco, and Hillsborough county areas. If you live in a condo or apartment building, you are responsible for getting the basket from your mail area.
  7. There is no commitment to Amy’s Fresh Delivery. If you would like to cancel at anytime, please contact us. You can cancel your order within 48 hours of it being placed and receive a full refund. After 48 hours, no refunds will be given.
  8. There is no need for you to be home at the time of delivery. All you need to do is give us a place to leave your basket. The basket contains an ice pack to ensure the contents are fresh and cool. If the temperature is very hot, we ask that you leave a cooler out an an ice pack and we will transfer the produce from the basket into your cooler. If you do not leave a cooler, we are not responsible if your produce freezes or wilts. However, we will answer any questions that you may have if you are not satisfied with the produce. Please contact us.
  9. You must notify us of any allergies to any produce. We are not responsible for any foodborne illnesses or sickness. You are responsible for washing and or cleaning the produce once you accept the basket.
  10. We stand behind our product 100%. If you are not satisfied, we will immediately give you a credit for your next order. We will not refund your credit card.
  11. We do our best in answering all questions within a reasonable amount of time. Please give us at least 24-48 hours to respond.
  12. Baskets are delivered on Mondays, Tuesdays, Wednesdays, and Thursdays, depending on your zip code. Our Guarantee: We strive to provide the freshest produce available. In the rare event that an item is not at its peak, please notify us within 24 hours of your delivery. We stand behind our product 100%. If you are not satisfied, we will immediately give you a credit for your next order. We will not refund your credit card.
  13. When you accept the basket, you are agreeing to these terms.

Service Agreement

Welcome to Amy’s Fresh Delivery. Please read this agreement and disclaimer before signing up for Amy’s Fresh Delivery. This Agreement ("Agreement") is between you and Amy’s Fresh Delivery LLC ("Amy’s Fresh Delivery") that states the terms and conditions under which you may use amysfresh.com and receive Amy’s Fresh Delivery. Your use of Amy’s Fresh Delivery, amysfresh.com or receipt of deliveries from Amy’s Fresh Delivery constitutes your acceptance of the terms and conditions of this Agreement. If you do not agree with all of the terms and conditions, do not use amysfresh.com or Amy’s Fresh Delivery.

If you have any questions about this Agreement or Amy’s Fresh Delivery please contact us.

License and Proprietary Rights

All Site content, design, text, graphics, and interfaces; Site collection, selection, and arrangement; and all software are the property of, or duly licensed to, Amy’s Fresh Delivery. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the purpose of subscribing to Amy’s Fresh Delivery. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than that noted above, without the prior written permission of Amy’s Fresh Delivery is strictly prohibited. You acknowledge that Amy’s Fresh Delivery 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 material. Amy’s Fresh Delivery reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Amy’s Fresh Delivery.

Trademarks

“Amy’s Fresh Delivery”, “fresh from the farm to your doorstep” and all Amy’s Fresh Delivery logos, titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Amy’s Fresh Delivery or otherwise proprietary to Amy’s Fresh Delivery 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 Amy’s Fresh Delivery 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 Amy’s Fresh Delivery.

Access to Amy’s Fresh Delivery

You acknowledge that from time to time Amy’s Fresh Delivery or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Amy’s Fresh Delivery may undertake from time to time; or (iii) causes beyond the Amy’s Fresh Delivery or which are not reasonably foreseeable by Amy’s Fresh Delivery.

Access to Amy’s Fresh Delivery via website is accomplished through the use of a user-name and a password that you choose when you sign up. 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 Amy’s Fresh Delivery with your password. You agree to notify Amy’s Fresh Delivery promptly of any unauthorized use of your password and you will remain liable for any use of Amy’s Fresh Delivery until you notify Amy’s Fresh Delivery of the unauthorized use of your password.

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 Amy’s Fresh Delivery 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 info on our Web site or contact our Customer Service team. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Amy’s Fresh Delivery, 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. Amy’s Fresh Delivery uses a secure server that encrypts your credit card information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Amy’s Fresh Delivery will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you Amy’s Fresh Delivery.

To update or correct information provided to us, please update your account information yourself by going to our site or calling us. We protect your privacy to the extent required by law. We do not share customer information with third parties.

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 Amy’s Fresh Delivery, which includes, without limitation, use of Amy’s Fresh Delivery 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 Amy’s Fresh Delivery 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 Amy’s Fresh Delivery to be in conflict with the spirit or intent of this Agreement. Warranty Disclaimer; Limitation of Liability;

Indemnification

YOU EXPRESSLY AGREE THAT USE OF AMY’S FRESH DELIVERY, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. AMY’S FRESH DELIVERY, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AMY’S FRESH DELIVERY 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 AMY’S FRESH DELIVERY, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH AMY’S FRESH DELIVERY; AMY’S FRESH DELIVERY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. AMY’S FRESH DELIVERY 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 AMY’S FRESH DELIVERY. AMY’S FRESH DELIVERY 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 AMY’S FRESH DELIVERY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "AMY’S FRESH DELIVERY 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, AMY’S FRESH DELIVERY, OR THE INTERNET. AMY’S FRESH DELIVERY' LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH AN ACCEPTABLE SUBSTITUTE FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF AMY’S FRESH DELIVERY AND TO TERMINATE THIS AGREEMENT. AMY’S FRESH DELIVERY 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. Amy’s Fresh Delivery controls and operates this Site from its headquarters in Tampa Florida, 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.

You agree to defend, indemnify, and hold Amy’s Fresh Delivery 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.

Amendments and Notices

Amy’s Fresh Delivery may change this Service Agreement and give you notice of any change via email, making a post on our website, or a note in your box on day of delivery.

Miscellaneous

Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Amy’s Fresh Delivery may suspend or terminate this Agreement or remove or disable access to any portion of Amy’s Fresh Delivery at any time for any reason with or without notice to you. You may terminate this Agreement and your Amy’s Fresh Delivery Service at any time for any reason by delivering notice in the manner provided above, which termination will be effective the day notice is received or such later date specified in the notice. Amy’s Fresh Delivery reserves the right to collect fees and charges incurred before you cancel your Amy’s Fresh Delivery Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Entire Agreement

This Agreement is your entire agreement with Amy’s Fresh Delivery regarding the use of Amy’s Fresh Delivery and the Amy’s Fresh Delivery 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, Amy’s Fresh Delivery, and Amy’s Fresh Delivery 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 Florida without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Amy’s Fresh Delivery or relating in any way to your use of Amy’s Fresh Delivery or the Amy’s Fresh Delivery Site resides in the federal and state courts of Florida and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in Denver County, State of Florida in connection with any such dispute, including any claim involving Amy’s Fresh Delivery 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 Beneficiaries

The provisions of this Agreement are for the benefit of Amy’s Fresh Delivery 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 Amy’s Fresh Delivery Service.