Bodega
Terms of Service
General:
Welcome to Bodega! We’re excited to be part of providing you with fresh basics. These Terms of Service (this agreement) describes terms, conditions, disclosures, and policies related to Bodega Services. Please read it carefully. Bodega may, at any time, add, change, or rescind any Term or Condition described in this document in its sole and absolute discretion, without notice.
Bodega Subscription Service:
Our subscription service is an automatic, recurring, monthly subscription to Bodega (“subscription service” or “service”). As part of the Service, we offer a number of subscription options that you may choose from (“plans”). Each week within the months you are subscribed, you will receive a package from Bodega (your “bag”), including the quantity of your chosen plan. You can find specific details regarding your plan and the Bodega service by accessing your account details here.
Billing, Cancellation, & Refunds:
Billing and Pricing:
Billing for all Bodega plans is processed on a month-to-month basis.
All payments, billing, and documentation are processed online via your account managed by squarespace.com. You can access your account, billing, plan and subscription details at any time by logging into your account here. If you need support related to billing or account details - you can send an email to support@elginbodega.com or fill out our contact form here.
Auto-Renewal:
The subscription service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into this agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. All payments and billing are processed via your account (managed by squarespace.com). You can make updates to your plan and subscription service by accessing your account details here, or by emailing support@elginbodega.com.
Your subscription will continue indefinitely until terminated in accordance with the agreement. Following your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period and continue for successive renewal periods of the same length, at the then-current, non-promotional subscription rate. You agree that your account will be subject to this automatic renewal feature unless you deactivate your subscription.
Late Payments:
By subscribing to the service, you authorize Bodega to charge your payment provider now, and again at the beginning of any subsequent subscription period.
Upon renewal of your subscription, if Bodega does not receive payment from your payment provider, you will be notified and your plan and Bodega services will be paused until payment is received.
If Bodega does not receive payment upon renewal of your subscription, (a) you agree to pay all amounts due on your account upon demand and (b) you agree that Bodega may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Should you have any questions about your payments and subscription, please visit your account details located here, or email support@elginbodega.com.
Pricing Adjustments:
We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Plan rate. Your acceptance of deliveries of service after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the service or plan in accordance with these Terms. All prices shown are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown. Prices, taxes or other fees may vary geographically.
Plan Add-Ons:
Different features and other customized options may become available in addition to your plan, including, but not limited to, premium options, new product add-ons, and modified shipping options. These may change the price of your plan on a recurring basis. Should you have any questions about any of the options available under your plan, please visit your account details located here, or email support@elginbodega.com.
Canceling Your Plan:
To deactivate your subscription, email support@elginbodega.com or make changes to your plan or subscription service by visiting your account details found here.
You can deactivate your subscription at any time. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
If you deactivate, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Pausing Your Service:
During any delivery week, you have the option of pausing your service temporarily (helpful if you are going out of town, etc). In order to do so, email support@elginbodega.com at least 5 days prior to the start of the delivery week in which you want your subscription paused. Because subscriptions are billed on a month-to-month basis, no refund for a given week will be provided, but Bodega may elect to provide you with a discount on a future subscription month or a discount of some kind. Additionally, pausing an order shall only apply to the week in which you pause, and service will commence the following week, unless you choose to pause the following week, subject to the details, above.
Returns and Refunds:
In the event that you are unhappy with any part of your service, or a specific bag, you can reach out to us at support@elginbodega.com. Please do so within five (5) days of the date you received the unsatisfactory item. If related to ingredients or condition of a bag, we, at our sole discretion, may give you credit for the individual ingredient or bag, and in some situations, issue a partial or full refund for the ingredient or the bag. We reserve the right, however, to require either the return of the unsatisfactory ingredient or bag, or a photograph of such, before any partial/full refund or credit will be issued. Any future release, update or other addition to services shall be subject to this agreement. Bodega, its suppliers, and its service providers reserve all rights not granted in this agreement.
If you elect to pause your service for any week - because subscriptions are billed on a month-to-month basis, no refund for a given week will be provided, but Bodega may elect to provide you with a discount on a future subscription month or a discount of some kind.
Delivery:
Delivery Location:
Upon signup for any Bodega subscription service, you will be prompted for a delivery address and information about a secure location in which to deliver your bags. If you are not home when your bag is delivered, the bag will be left at your door or in the location you specify upon signup. You will be notified (as described in the notification section) prior to delivery of your bag/s. Efforts will be made to keep the delivery of your bag/s and the contents within safe from weather, animals, and other unforeseen conditions, but ultimately you are responsible for the receipt of your bag/s and items within upon delivery (as described in the receipt upon delivery section). You can update your account information at any time by clicking here.
Delivery Week and Days:
Bodega’s delivery week begins on Friday and runs through the following Thursday. Bags may be delivered to you on any day of the week, but effort will be made to maintain consistency in delivery days for the purpose of keeping bags fresh. You will be notified (as described in the notification section) prior to delivery of your bag/s, and may email support@elginbodega.com at any time regarding your service or delivery timing.
Notification:
You will be sent a notification email prior to the delivery of your Bodega items each week - containing information about your delivery day, timing, and items within your bag/s. It is your responsibility to keep the email within your account current, and to make sure emails from Bodega are not directed to spam/junk folders within your email provider. You can update your account information at any time by clicking here.
Weather & Unforeseen Circumstances:
In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your bag/s we will attempt to deliver your plan as soon as reasonably possible.
If the delivery of your bag/s is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part or the whole of the purchase price for that delivery week.
We will not be liable or responsible for any failure to perform, or delay the performance of any of our obligations that is caused by events outside our reasonable control.
Holidays:
Around certain times of the year, Bodega may make special effort to deliver your bag/s in relation to certain holidays (such as Thanksgiving, Christmas, etc). During those times, the rhythm of normal delivery timing may be effected and you will be notified about changes in advance.
Delivery Radius:
Bodega is an Elgin, Illinois based company and deliveries are currently limited to a 15 mile radius outside of Downtown Elgin. If you would like to participate but fall outside of the normal delivery radius, special considerations may be made in exchange for an additional delivery fee, or a specified pickup location/time each week in Elgin.
Items, Availability, and Safety:
Selections:
Our goal in each Bodega bag is to provide you with fresh “basics” that you would use in a normal week. We define basics in the following broad categories - and the idea is to give you a bag with items you can expect/depend on each week … plus a little variety.
The broad basic categories are Greens, Veggies, Fruits, Speciality Bread, Seasonal, and Miscellaneous. In addition to fresh basics, every Bodega bag contains fresh flowers (think of a smaller bouquet).
Bodega retains sole right to select the items contained in each bag, and attempts to factor in feedback from across subscribers of the service.
Variety:
Because Bodega works with local suppliers, our selections and sourcing is subject to change at any time. Our goal is to provide a consistent baseline, plus variety - so items in your bags may change to reflect feedback we receive, or seasonal availability.
Dislikes:
Upon signup for any Bodega subscription service, you will be prompted with the ability to provide us with information related to foods you don’t frequently use or dislike. These items are treated differently than allergies, and at times, may be present in your bag/s. The goal in providing you these options is to better identify what items work best for subscribers across our service, and to deliver the most value to you personally.
Allergies:
Upon signup for any Bodega subscription service, you will be prompted to provide information related to allergies you have. These items are treated differently than "dislikes” and we will make every effort to not include allergy related items in your bag/s.
It is important to note that you are solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products (as described further in our allergen information section).
Receipt of Items:
Bodega makes every effort to deliver items that are fresh and to maintain quality at the time of delivery. Please note that you are responsible for reviewing your bag upon delivery and inspecting all of the products contained within for any defects or other problems upon delivery. If you are not home when your bag is delivered, the bag will be left at your door or in a common area. Upon the completion of your review of the bag, we recommend that you place all perishables in your refrigerator to ensure the ingredients’ integrity. The risk of loss and/or damage passes to you at the time of delivery.
Washing:
We highly recommend that you review the USDA’s instructions on safe food handling, which can be found here. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents of any bags, safe washing (we recommend that all fresh produce is washed prior to inclusion in any meal), and the cooking of all the ingredients of the respective bags.
General:
Indemnification:
You agree to defend, indemnify and hold harmless Bodega, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the service, the products or any offerings, or any information obtained therefor other than as expressly authorized in this agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Bodega of any third-party claims, cooperate with Bodega in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Bodega. You agree that the provisions in this Section will survive any termination of your account, the agreement and/or your access to services.
Disclaimers:
To the fullest extent permitted by applicable law, Bodega, its affiliates (including, but not limited to, their licensors, service providers, directors, officers, agents, partners, representatives and employees) shall not be liable to you or any third party for indirect, special, incidental, consequential, or exemplary/punitive damages. This limitation shall include, but is not limited to, damages related to personal injury; pain and suffering; emotional distress; business interruption; loss of profits, revenue, business or anticipated savings, use, goodwill, data; and whether caused by tort (including negligence) breach of contract, or otherwise, even if foreseeable. The limitations set forth in this section shall not affect liability that cannot be excluded or limited under the applicable law/jurisdiction, such as liability for personal injury or property damage directly and proximately caused by our acts or omissions, or for our gross negligence, or willful misconduct.
Food Preperation:
You are solely responsible for, and assume all risks related to, the proper and safe preparation (including storage, washing, and cooking), use, and consumption of the contents of bags. As such, all contents of the respective bags are provided “as-is” and “as available,” and, to the fullest extent allowable under the applicable law, all express and implied warranties are disclaimed. This specifically includes, but is not limited to, the warranty for fitness for a particular purpose, warranties of merchantability, and warranties for the non-infringement of intellectual property.
Allergen Information:
Please note that the nine major allergens, as determined by the us food and drug administration, which are wheat, egg, soy, milk, tree nuts, peanuts, fish, shellfish, and sesame may be stored, portioned, and packaged in Bodega’s and our supplier’s facilities. You understand, acknowledge and agree that while Bodega takes precautions to limit any cross-contamination, cross-contamination may occur between food products, and thus, the respective bags, may contain some or all of the allergens listed. You are also solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products. Bodega does not represent or warrant that the nutrition, ingredient, allergen, and other product information on our site or app is accurate or complete since this information is provided by the product manufacturers or suppliers and on occasion manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our site and that you consult the products label or contact Bodega in order to provide information to contact the manufacturer directly if you have a specific dietary or allergic concern or question about a product.
Term, Termination, and Survival:
Term:
These terms and conditions commence on the date when you accept them and remain in full force and effect while you use the services, unless terminated earlier in accordance with the agreement.
Prior Use:
Notwithstanding the foregoing, you hereby acknowledge and agree that the agreement commenced on the earlier to occur of (a) the date you first used the services or (b) the date you accepted the agreement and will remain in full force and effect while you use any services, unless earlier terminated in accordance with the agreement.
Termination:
Notwithstanding anything contained in this agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the site and to order, receive and use the services, at any time and for any or no reason, including, without limitation, any violation of these terms and agreement. You can cancel your service in accordance to the terms set forth above. Except as set forth above, the service subscription fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the agreement, or if Bodega is required to do so by law (e.g., where the provision of the site, or services is, or becomes, unlawful), Bodega has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Bodega’s sole discretion and that Bodega shall not be liable to you or any third party for any termination of your account. We reserve the right to change any and all content and to modify, suspend or stop providing access to the site (or any features or functionality of the site) and the services at any time without notice and without obligation or liability to you.
Effect of Termination:
Termination of any service includes removal of access to such service and barring of further use of the service. Termination of all services also includes deletion of your password and all related information, files and content associated with or inside your account (or any part thereof). Upon termination of any service, your right to use such service will automatically terminate immediately. You understand that any termination of service may involve deletion of your content associated therewith from our live databases. Bodega will not have any liability whatsoever to you for any suspension or termination. All provisions of the agreement which by their nature should survive, shall survive termination of the offering or service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Severability and Waiver:
If any of this Agreement are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Bodega of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under this Agreement does not constitute a waiver of such right or provision.
Miscellaneous:
This agreement and any document expressly referred to herein constitute the whole agreement between you and Bodega, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Bodega. Except as otherwise provided herein, this agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.
Effective Date:
This notice went into effect on October 1st, 2022
For Questions Contact:
Bodega - support@bodega.com