Terms & Conditions
Consumer fraud alert:
Never share your username and password with anyone. Immediately notify the Kovafood INC team in the event your account gets compromised, username or password gets stolen, or if someone used your account without your permission. Kovafood INC will periodically update its terms and conditions to reflect policy and legal changes without any prior notice to you. Unless otherwise specified, those changes will immediately take effect and shall become part of this agreement and be binding on you beginning on the day they are posted. We will make sure to inform you of any new terms and conditions that may be added or amended in the future. By continuing to access or use Kovafood INC’s services, you will be deemed to have agreed to accept and be bound by any modifications to this Agreement.
1. General Provisions:
1.1 By signing up for, accessing or using the products, services, content, features, technologies or functions offered through our website (www.kovafood.com) ("Website"),iOS and Android applications ("Mobile Applications"), and our network of third-party partners (the "Network") (collectively, our "Services"), you agree to our Terms &Conditions and our Privacy Policy. Please do not use our Services if you do not agree tobe bound by these terms. In that case, you must exit the Website, delete the Mobile Application from your device and not access our Services through any other platform or medium.
1.2 The Terms and Conditions listed below govern the access and use of our website and mobile phone application that enable you to purchase groceries and cooked food.
1.3 In the present Terms and Conditions the terms “we”, “us”, “our” refer to Kovafood INC and “you”, “your” refer to any person who accesses and/or uses the Service, whether in their capacity as Senders, Recipients, or visitors to this website.
1.4 The Terms and Conditions may change from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the service.
1.5 It is important that you understand that access and use of our service is conditional on your acceptance of present Terms and Conditions.
2. Definitions:
When we say "you," "Customer," "Sender" and "User" we are referring to the individual that has registered to use Kovafood INC's Services and is giving consent to the terms outlined in this section. When we say "us," "we," and "Company" and "Kovafood INC", we are referring to Kovafood INC and any of our subsidiaries or affiliates.
3. Confidentiality and Privacy:
3.1 As a fully regulated institution and with a purpose of providing the Service we are bound by the legal requirements to obtain, verify and record information about our customers. Therefore we may request from you or consult any legal sources to obtain your personal data when offering the Service to you.
3.2 Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.
3.3 We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.
3.4 For more details and information regarding confidentiality, privacy and security please refer to our Privacy Policy.
4. Cancellation and Refund Policy:
4.1 If you have any problems using our online and mobile services or need to dispute a transaction, please contact us via phone 678-935-1950 or via our email;support@kovafood.com.
4.2 You are eligible for a full refund if you cancel a transaction within 30 minutes provided the money hasn't been deposited in the beneficiary’s account or picked up by the beneficiary.
4.3 If your request for a refund is for a transaction greater than 30 minutes, you are entitled to a full refund within ten (10) business days unless one of the below occurs:
i. Kovafood INC or its agents have a reason to believe unlawful or criminal activities has occurred, may occur , or are occurring. At this point, we will report all undetected criminal activities to the appropriate U.S. government agency.
ii. Monies already transferred and full order has been delivered.
iii. Kovafood INC is otherwise prevented by law from making a refund.
You can cancel transactions on our website or mobile app. We will credit all refunds to the same payment instrument used to fund the transaction and in the same currency. No exceptions are to be made during the refund process.
4.4 You have a right to dispute errors in your transaction. If you think there is an error, contact us within 60 minutes and provide your name, contact information, the delivery address, order number, date of transaction, as well as why you believe there has been an error. Kovafood INC will determine whether an error occurred and will reply to you within 90 days. If Kovafood INC was at fault, you will be entitled to a full refund or to your order provided free of charge. If no error occurred or Kovafood INC was not at fault, you will receive a written notice including the information that Kovafood INC relied on to make that determination. Kovafood INC shall not be liable to you for any loss resulting from Kovafood INC’s inability to cancel or refund a Remittance Payment.
5. Eligibility and your access rights:
5.1 By using the Service you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.
5.2 We reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if (but not limited to):
6. Fees and Charges:
6.1 In the event that you submit a transaction for which Kovafood Inc incurs NSF(Non-Sufficient Funds) charges, or other similar expenses, you agree to reimburse Kovafood Inc for all and any such fees, charges and expenses. Each occurrence of an NSF will result in a $10.00 (USD) NSF Fee. Fees due to us can be collected when incurred, or may be deducted from the principal amount of your next or future transaction. Kovafood Inc reserves the right to collect NSF Fees from any of the Payment Instruments (which may include one or more bank account, debit card) that you have linked to your Kovafood account, in accordance with this Agreement
7. Intellectual Property
This Site, including all text, graphics, logos and image, as well as all other Kovafood INC copyrights, trademarks, service marks, products and service names are the exclusive property of Kovafood INC and may not be used for any purpose without express written permission from Kovafood INC.
8. Compliance:
Kovafood INC has zero tolerance for any criminal, fraudulent, money laundering, and the funding of terrorist activities. We will report anyone suspected of financial crimes to the appropriate US authorities. Please restrict the use of Kovafood INC’s services to only people you know. This includes friends and families.
9. Indemnification:
You agree to indemnify Kovafood and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms, and/or your infringement of any intellectual property or other right of anyone.
7. Intellectual Property
This Site, including all text, graphics, logos and image, as well as all other Kovafood INC copyrights, trademarks, service marks, products and service names are the exclusive property of Kovafood INC and may not be used for any purpose without express written permission from Kovafood INC.
8. Compliance:
Kovafood INC has zero tolerance for any criminal, fraudulent, money laundering, and the funding of terrorist activities. We will report anyone suspected of financial crimes to the appropriate US authorities. Please restrict the use of Kovafood INC’s services to only people you know. This includes friends and families.
9. Indemnification:
You agree to indemnify Kovafood and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms, and/or your infringement of any intellectual property or other right of anyone.
10. Disclaimer of warranties:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUTANY REPRESENTATION OF WARRANTY. Kovafood EXPRESSLY DISCLAIMS ALLWARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOTLIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. USING THE SERVICE:
By placing an order on the Site to utilize the Service, you are offering to purchase the products you have selected. Our acceptance of the offer occurs at the time we deliver your order to you at pickup at our local store. We will send you an electronic communication acknowledging receipt of your order including the items and quantities you selected, as well as an email reminding you of your pickup time.
12. Minimum purchase:
No minimum purchase is required to use the Service.
13. Product Quantity Limits:
We reserve the right to limit the quantity of a product you select. Where possible, limitations will be stated on our Site.
14. Receiving your order:
14.1 Picking up your Order. When you place your order, you will be prompted to selecta pickup window. Your order will be processed, packed and ready for pickup during that time frame. When you arrive at the store, follow the directions for the Pickup Area. If necessary, a phone number to reach a store associate will be provided in the Pickup Area. A store associate will then bring your order to your vehicle. You will be notified at that time whether any items were not available and whether substitutions have been made. You can reject substitutions at that time by notifying the store associate. Please present any valid paper coupons to the store associate for processing as well. You must present your government-issued photo identification and the payment card used for your order. If possible, please have a secondary credit card with you in case your original payment method was rejected.
14.2 Home Delivery. Your order will be selected and packed by us and picked up by one of our delivery staff who will deliver it to your designated delivery address. If there are substitutions or unavailable items in your order, your receipt, presented to you by the delivery service, will reflect any substitutions or unavailable items. If you do not want to accept the substituted items you can return them to your local store in keeping with our Return Policy. If you have ordered age-restricted items, like alcoholic beverages, an adult of appropriate age will be required to be present to receive the delivered order and sign for it.
14.3 Attended Delivery. For orders delivered to your home that include products that can only be purchased by adults, such as alcoholic beverages or tobacco products, a person of legal age must be present to receive the order. A signature and age verification documentation will be required. For home delivery, if no one is present at the time delivery is attempted and access to your doorstep is not available, the order will be returned to us and a credit issued.
14.4 Unattended Delivery. Most orders shipped or delivered to your home can be delivered without the need for a signature. Deliveries are made to the doorstep of the address you provide. Access to the doorstep is required. If you select some items for pickup and some for delivery you will be charged multiple service charges – one for each method of delivery.
14.5 Loss or Damage. For unattended Delivery orders we are responsible for loss of damage to the products to be delivered up until the time they are deposited at your doorstep. Once they have been delivered you are responsible for protecting the shipment. For example, we are not responsible if the delivered products are stolen from your doorstep after we make delivery. For Pickup and attended Delivery orders, we are responsible for the items you have ordered until they are tendered to you at the store’s pickup location or at your doorstep in the case of attended Delivery or unattended Delivery where access to your doorstep is available.
15. Products Sold by Weight:
If you order an item that is sold by weight you will be charged based on the actual weight of the product packed for your order. We will try to match your desired product weight as best we can. Where we cannot be exact, we will err on the side of providing slightly more, not less, product weight than you ordered.
16. Product Availability and Substitutions:
While we try to update our Site when products are not available or are in limited supply, we cannot guarantee that the product you order, or the quantity you order will be in stock and available at the time your order is processed. We may revise and discontinue products at any time and are not responsible for typographical errors or misprints. At the time you place your order you will be given the opportunity to choose whether substituted products are acceptable in the event the product you order is temporarily out of stock or limited in quantity. You can also tell us not to make substitutions, in which case the unavailable product will not be included in your order. In the event the quantity you ordered is not available, we may elect to provide the available quantity along with some substituted product depending on your preference.
If we make a substitution to your Pickup order, you may reject such substitution at pickup by notifying the store associate handling your pickup (provided, however, any substitutions you reject for Delivery orders must be returned by you to your local store for credit). If you accept the substitution, you will be charged the lower of the price of the item you ordered or the price of the substituted item; substitutions will not increase the cost of your order.
17. Estimated total at checkout:
Please note that when you place your order you will see an estimated total at checkout. The posted online prices reflect the product price on the day you place your order. As previously stated in Paragraph 5, some prices may change between the time you place your order and the time we process it for delivery or pickup. For instance, if an item is offered on a temporary discount when you place your order and the discount period ends before we process your order, you will be charged the regular, non-discounted price. If your selected item goes on sale after you place your order and is still on sale on the date your order is processed for delivery or picked up, you will be charged the sale price. If you order a product sold by weight, we will estimate the price at checkout but will charge you the price based on the actual weight of the item selected. If you permit us to substitute products for items you have selected that are not available, you will be charged according to the substitution policy above. Sales taxes and government fees(such as bottle deposits or bag fees, if applicable) are not shown in the estimated total at checkout but will be shown on your final receipt at pickup or delivery, as applicable.
18. Final payment, Confirmation and Receipts:
Once your order is packed and ready for pickup (or delivery if delivery is available from your selected store) we will charge your payment card for your purchase. The final price will reflect price adjustments for discounts, substitutions, taxes, shipping charges and government fees (such as bottle deposits, bag fees, etc. if applicable). If you choose to reject substituted items you can notify the attendant who will remove them from your order and apply a credit to your payment card. At the time you pick up your order, if you have paper coupons, please hand them to the attendant and you will receive credit for those coupons (paper coupons are not accepted for Delivery orders).
You will be provided a receipt that details all items delivered to you along with any service charge, delivery charge, sales taxes, government fees (such as bottle deposits or bag fees, if applicable) weight of items sold by weight, credits for coupons or other discounts and the total charged to your payment card.
19. Missing products:
If any product in your order for which you have paid is missing from the items you received please contact the store from which you picked up or placed your order, the address and telephone number of which appears on the receipt you receive with your order and/or by email. At the store’s option the missing items will be made available to you for pickup or will be delivered to you instead of offering you a refund. Refunds will be credited to the payment card used to purchase the order.
20. Return Policy:
We offer refunds, store credits, and exchanges for in-store pickup and Delivery . If you discover a problem after you receive your order, you can return any wrong or unacceptable item directly to your local store or contact us by phone at 1-678-935-1950 or send us a message using our contact page on the website.. Proof of purchase maybe required. We reserve the right to refuse returns for expired or consumed items, where abuse or fraud is suspected, and/or if prohibited by applicable law.
21. Your Satisfaction:
If you have questions or you’re not 100% satisfied with your order, please call our Customer Service line at 1-678-935-1950, Monday through Friday, 8:30am to 6:00pmEST, and Saturday and Sunday, 10:00am to 5:30pm EST except federal holidays.
22. Communications:
Contacting you. When you register for the Service, we require that you provide a valid and current email address and/ or telephone number. You authorize us to contact you, including through the use of autodialed or recorded voice technology, using that email address or any telephone number you provide in connection with your account regarding any of your orders or the associated delivery or in case of suspected fraud. We may also contact you in the event your delivery is delayed or otherwise impacted by inclement weather or other circumstances beyond our control. Contacting Us. You can contact us at1-678-935-1950, Monday through Friday, 8:30am to 6:00pm EST, and Saturday and Sunday, 10:00am to5:30pm EST except federal holidays. You can also contact us using our email address;support@kovafood.com.
23.Governing laws in case of Dispute;Arbitration;Jurisdiction:
23.1 RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Kovafood arising out of or relating in any way to the Terms, the Service, your purchase of the products, or use of the products must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.
23.2 WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEMHEARD BY A JUDGE AND JURY. YOU SPECIFICALLY ACKNOWLEDGE ANDAGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUWAIVE THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN PARAGRAPH 19.1 ABOVE, AND TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY.
23.3 LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator.
23.4 ARBITRATION PROCEDURES. Before commencing any arbitration proceedings under the Terms, you must first present your claims or disputes to Kovafood by calling1-678-935-1950 and asking for the customer service department and allowing Kroger the opportunity to resolve the claims or disputes. If your claims or disputes are not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Terms.
The arbitration of any claims or disputes hereunder shall be conducted in the State of Georgia.
23.5 ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys’ fees provision a part of any statute under which you may bring a claim.
24. Applicable Law; Not for Resale:
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own personal use only, and not for resale.