Sunny Florida Organics Service Agreement


This Agreement (“Agreement”) between you and SUNNY FLORIDA ORGANICS, LLC. states the terms and conditions under which you may use the Site and receive the Sunny Florida Organics Delivery Service. Your use of the Sunny Florida Organics Service, or this Web Site, or receipt of deliveries from Sunny Florida Organics 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 the Site or the Sunny Florida Organics.
If you have any questions about this Agreement or the Sunny Florida Organics, please access our Site’s Frequently Asked Questions or call our Customer Service team at (863) 286-1400.


100% Customer Satisfaction Guarantee


If you are dissatisfied with any item, please call us at (863) 286-1400 or contact us via e-mail at info@sunnyfloridaorganics.com. You have up to 72 hours after delivery to let us know you are dissatisfied with an item. Credits for unsatisfactory items will be applied to your next scheduled delivery. Except for these two choices, you waive all other remedies that may otherwise be available to the maximum extent permitted by law.


Sunny Florida Organics Service


Service. We are a subscription produce delivery service. You sign up for delivery of grocery orders. You must select one of the produce box sizes/types as well as a weekly or biweekly schedule. You confirm your schedule and begin receiving deliveries. Your subscription and deliveries continue until you notify us to stop. Payment is due before you receive each order. If you charge your subscription to your credit card, your credit card will be charged on the day of each delivery. Some banks do not post these transactions until several days later, however, and we cannot guarantee when a charge will post.


You may change the contents of your box, as well as add items to your order, the weekend before your scheduled delivery. All of your changes to orders must be received before your deadline prior to your scheduled delivery. Milk, eggs, meat and other frozen or chilled items are specially packed to keep these items cold for up to 8 hours. Please return this special packaging with your box on your next delivery date. We try to fulfill 100% of each order, but from time to time products may be unavailable and we reserve the right to limit quantities.


Delivery. Your delivery is delivered to your door. You do not need to be home as we can leave the delivery anywhere you would like. If delivery access is restricted, you need to make arrangements for us to be able to deliver your order to your door or some other location, including your work if it is on a delivery route. It is recommended that you request your box to be placed in a shady spot, under cover and out of sight. We request that you refrigerate or freeze perishable items as soon as possible and follow our other storage guidelines to best enjoy our products.


It is your responsibility to ensure you have placed your order correctly and to update your schedule. If a delivery is made, but you do not want it, you are still responsible for payment unless you cancel it in the timeline outlined above (see deadline accordingly with your delivery area). You understand that you are signing up for a subscription service of recurring orders and you must take action to stop deliveries.


Delivery Box. Deliveries will be made in corrugated box and ice packs and will be left in accordance with the delivery instructions on your Account Information. In preparation for your next delivery, simply leave out your box and ice pack and the driver will pick it up. We ask that you return the box and ice pack. 

 

Price. The minimum order amount is $32. The final cost of each order will be dependent upon the exact cost of any additional items.  Prices can change at any time without notice, but the prices for your order will lock in your deadline. If you do not notify us to stop deliveries, you accept our new pricing or pricing structure for future deliveries.

 

Amendments and Notices.


Sunny Florida Organics may give notice to you of a change in this Agreement, a change in the Sunny Florida Organics pricing or pricing structure, and any other matter through a change in the Site, by delivery of a notice to you with your Produce Box, by electronic mail or by conventional mail to your address contained in our customer records. You may give notice to Sunny Florida Organics by telephone at (863) 286-1400, by electronic mail info@sunnyfloridaorganics.com or by conventional mail to:


Sunny Florida Organics
2133 Country Bend S.
Lakeland, FL 33811

 

Third-Party Information Providers and Merchants. In the future, the Sunny Florida Organics Service may permit you to order and receive additional products, information, and services from Sunny Florida Organics or businesses that are not owned or operated by Sunny Florida Organics. In such instances, Sunny Florida Organics acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, 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. Sunny Florida Organics 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 Sunny Florida Organics 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; Site collection, selection, and arrangement; and all software are the property of, or duly licensed to, Sunny Florida Organics. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the purpose of subscribing to the Sunny Florida Organics Service. 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 Sunny Florida Organics is strictly prohibited. You acknowledge that Sunny Florida Organics 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. Sunny Florida Organics reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Sunny Florida Organics.


Trademarks. “Sunny Florida Organics” and all Sunny Florida Organics logos, titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Sunny Florida Organics or otherwise proprietary to Sunny Florida Organics 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 Sunny Florida Organics 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 Sunny Florida Organics.


Access to the Sunny Florida Organics


Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Sunny Florida Organics 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 Sunny Florida Organics Site and with the terms of this Agreement. You 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 under it.


You acknowledge that from time to time the Sunny Florida Organics 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 Sunny Florida Organics may undertake from time to time; or (iii) causes beyond the control of Sunny Florida Organics or which are not reasonably foreseeable by Sunny Florida Organics.


Account Access and Passwords. Access to the Sunny Florida Organics Service via website is accomplished through the use of a user name (your email address) and a password of your choosing 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 Sunny Florida Organics Service with your password. You agree to notify Sunny Florida Organics promptly of any unauthorized use of your password and you will remain liable for any use of the Sunny Florida Organics Service until you notify Sunny Florida Organics 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 Sunny Florida Organics Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and delivery instructions. You can update your information in the Account Information area 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 Sunny Florida Organics, 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. Sunny Florida Organics 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. Sunny Florida Organics will keep your credit card number partially encrypted at all times in the effort to ensure that your credit card information remains confidential.


Corrections. To update or correct information provided to us, please contact us with your new information as soon as it is known to you by calling us (863) 286-1400 or by e-mailing info@sunnyfloridaorganics.com, or update your account information yourself by going to the Site.


Warranty Disclaimer; Limitation of Liability; Indemnification


You expressly agree that use of the Sunny Florida Organics service, the site, and the internet is entirely at your own risk. Sunny Florida Organics Service, the site, and its contents are provided on an “as is,” “as available” basis. to the extent permitted by applicable law, Sunny Florida Organics 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 Sunny Florida Organics service, the site, or its contents or with respect to any information, services, and products provided through or in connection with the Sunny Florida Organics service; Sunny Florida Organics does not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. Sunny Florida Organics 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 Sunny Florida Organics service. Sunny Florida Organics 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 Sunny Florida Organics nor any of its directors, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants, or licensors (collectively, “Sunny Florida Organics 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 Sunny Florida Organics service, or the internet. Sunny Florida Organics liability shall be limited to providing you with a credit or refund for any product that doesn’t meet your expectations. Your sole and exclusive remedy shall be for you to discontinue your use of the Sunny Florida Organics service and to terminate this agreement. Sunny Florida Organics reserves the right to limit your order or the quantity of a specific product you may order. The cost of goods may be different from what is actually charged dependent on the weight of the item. Sunny Florida Organics reserves the right to change produce items by location of origin, variety, weight when necessary. Items on the website are subject to change based on availability 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.


Indemnification. You agree to defend, indemnify, and hold Sunny Florida Organics 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. Sunny Florida Organics may suspend or terminate this Agreement or the Sunny Florida Organics Service or remove or disable access to any portion of the Sunny Florida Organics Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Sunny Florida Organics 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. Sunny Florida Organics reserves the right to collect fees and charges incurred before you cancel your Sunny Florida Organics.


Entire Agreement. This Agreement is your entire agreement with Sunny Florida Organics regarding the use of the Sunny Florida Organics Service and the Sunny Florida Organics 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, Sunny Florida Organics, and Sunny Florida Organics 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 Indiana without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Sunny Florida Organics or relating in any way to your use of the Sunny Florida Organics Service or the Sunny Florida Organics 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 Polk County, State of Florida in connection with any such dispute, including any claim involving Sunny Florida Organics 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.