PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE A BINDING AGREEMENT BETWEEN YOU AND WHOLE FOODS MARKET CANADA, INC. (“WE”). THE TERM “WHOLE FOODS MARKET” SHALL MEAN COLLECTIVELY, WHOLE FOODS MARKET CANADA, INC., WHOLE FOODS MARKET SERVICES, INC., AND THEIR AFFILIATES. The products, our services and your order are provided only on the condition that you agree to the terms and conditions herein. By placing your order via our website, you acknowledge you have read and understand the terms and conditions herein and agree to be bound by these terms and conditions.
1. Pricing
Prices are in Canadian dollars and exclude any applicable taxes and fees. Prices shown on our website are the online prices for the items at the time you access our website and place your order. These prices may: (i) vary from current prices in-store; (ii) exclude any discounts, promotion or offers currently available in-store; and (ii) vary from in-store prices at the time of pick-up. Prices online are subject to change at any time without notice. In the event a product is listed at an incorrect price due to typographical, electronic or other error, we reserve the right to refuse or cancel the order (or any part thereof) regardless of any order confirmation. We are unable to accept food stamps and any third-party coupons (printed or digital) for online orders. Promotions, discounts and/or offers available in-store may not be available for online orders.
2. Orders, Cancellations and Modifications
a. Orders for pickup in-store must be made not less than 24 hours ahead of the pickup time. We are unable to accept any orders with less than 24 hours’ notice. Your order confirmation email will include instructions on how to pick up your order.
b. All orders placed online are subject to our acceptance. Your receipt of an order confirmation does not constitute our acceptance of your order or an offer to sell. We reserve the right at any time after receipt of your order to accept or decline the order without liability to you or anyone else.
c. Pickup Times: Available pickup dates and times are available on a first-come, first-served basis. These dates and times will be shown during the checkout process. The date and time selected is subject to confirmation by us. We may contact you if we are unable to fulfill your order for the date and/or time you have selected. We are not liable for any postponed or rescheduled dates and/or times for order pickup.
d. Cancellations: Orders can be cancelled up to 24 hours before your scheduled pickup time. For orders that are not picked up by 10 PM (local time) on the scheduled date, such orders will be cancelled and the items restocked. We reserve the right to charge a restocking fee for orders that are restocked. It may take a few days before the pre-authorization charge on your credit card is removed.
e. Modifications: Orders may be modified up to 48 hours before your scheduled pickup time. Modifying your order may remove any discounts, promotional pricing or offers available for your order.
f. Substitutions: Item availability in-store may vary due to reasons beyond our reasonable control. We are unable to guarantee the availability of items ordered even if an order confirmation email is sent. If we are unable to fulfill any part of your order, we will not provide any substitutions. You will not be charged for any item that is not provided to you at the time of pickup. We are not liable to you or any other persons for any order we are unable to fulfill or which we are only able to partially fulfill.
g. Order Limits: We reserve the right to limit your order or the quantity of a particular product on your order.
h. Your responsibility for Orders: Risk of loss for and title to products purchased passes to you upon pickup. We are not responsible for your order once you have picked up your order. This includes any liability for damage, spoilage or theft.
i. Missing Items: If you have paid for any item in your order but did not receive it, please contact our Customer Care here.
j. Refunds/Returns: Any returns of products purchased are subject to our return policy found here. We reserve the right to refuse returns of certain items.
3. Variable Weight Items
Price online is the price for each item and not based on the weight of the item. We may indicate the minimum weight of the item on the product page. The price stated online is the price that you will be charged for the item regardless of the actual weight.
4. Billing
A credit card is required for all online orders and a temporary pre-authorization charge will be automatically placed on your credit card. You must select the payment method(s) identified on the checkout pages of our website and provide accurate and complete information in order for us to charge your payment method for the order you place. By providing payment information, you consent to and authorize all transactions made via our website and for us to charge your selected payment method for the amount as indicated on the checkout page. You represent and warrant that our use of your selected payment method is authorized and legal, and it is your sole responsibility to promptly notify your financial institution or other responsible party of any changes to your billing information or any unauthorized use of your payment method. The actual amount that you will be charged for the order will be based on the website prices of the items at time of online checkout plus applicable taxes and fees, but less any items in your orders that are out of stock when you pick up your order. Please refer to our section on “Pricing” for additional information.
5. Product Information Disclaimer
Any special diet and nutritional information we provide is for educational purposes only. Actual product packaging and materials may contain additional and/or different ingredients, nutritional or proper usage information than the information displayed on our website. You should not rely solely on the information displayed on our website and you should always read labels, warnings and directions prior to using or consuming a product. For additional information about a product, please contact the manufacturer. The information provided on our website should not be relied upon to make health-related decisions. Whole Foods Market and our product manufacturers, distributors and suppliers do not assume any liability for inaccuracies, misstatements or omissions.
6. Disclaimer of Warranties
While we endeavor to ensure that the information on our website is accurate, current and complete, there may be instances when our website and/or the product page contains inaccurate or incomplete information. Our website, the content on our website, the products and our services (including catering, grocery pickup and/or delivery services) are provided on an “as is” and “as available” basis, without representations or warranties of any kind, and to the fullest extent permitted under applicable law, we disclaim any and all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that website or the online grocery ordering service will be uninterrupted or error-free, that any defects will be corrected, that they will be free of viruses, malicious code, or unauthorized access such as third-party hackers or denial of service attacks.
7. Limitation of Liability
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHOLE FOODS MARKET CANADA, INC. OR WHOLE FOODS MARKET SERVICES, INC. AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “WFM PARTIES”) BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ORDER, YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE, THE CONTENT ON OUR WEBSITE, THE PRODUCTS AND SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME, USE OR PROFITS, IN CONNECTION WITH OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE SERVICES, PRODUCTS, CONTENT, WEBSITE), EVEN IF WHOLE FOODS MARKET HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICES). WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE WFM PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, NEGLIGENCE, OR OTHER THEORY) IN CONNECTION WITH ANY ORDER SHALL BE LIMITED TO THE PRICE YOU ACTUALLY PAID FOR THE AFFECTED PRODUCT OR ORDER FOR WHICH THE CLAIM IS BASED ON. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF OUR SERVICES, WEBSITE AND/OR PRODUCTS , THEN YOU AGREE THAT THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY WHOLE FOODS MARKET (INCLUDING YOUR USER CONTENT) OR A LICENSOR OF WHOLE FOODS MARKET.
8. Indemnification
You agree to defend (at our option), indemnify and hold harmless the WFM Parties from and against any and all liabilities, claims, damages, costs, and expenses (including lawyers’ fees and costs) arising from or related to your misuse of our website or any breach or alleged breach by you of these terms and conditions. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to provide all cooperation to us with respect to the defense and/or settlement of such matter.
9. Disputes, Arbitration, No Class Action, Jury Waiver
Any dispute or claim relating in any way to these terms and conditions or your use of our website, or to any products or services sold or distributed by us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. The foregoing is not applicable to Quebec customers.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms and conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent C T Corporation System, 1999 Bryan Street - Suite 900, Dallas, Texas 75201-3136. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek lawyers’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
10. Service of Subpoenas or Other Legal Processes
Whole Foods Market accepts service of subpoenas or other legal process only through attorneys, Blake, Cassels, & Graydon LLP, 199 Bay Street, Suite 4000, Toronto, ON, M5L 1A9, Tel: 416-863-2400.Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information and IP address and complete time stamps.
11. Privacy
Please refer to our Privacy Notice for information about how we collect, use, and share our customers’ personal information.
12. Miscellaneous
These terms and conditions, including any applicable terms and conditions on the product pages and order form constitute the entire agreement between you and Whole Foods Market with respect to the subject matter of these terms and conditions and supersede all prior or contemporaneous communications, agreements and proposals with respect to your order. We may have to make adjustments to your scheduled pickup if inclement weather or any circumstances not reasonably foreseeable or beyond our reasonable control make it difficult for us to provide grocery pickup at the scheduled time. If there is a significant delay in preparing your order for pickup, we will use reasonable efforts to contact you to update you on the status of your order. We may, at our sole discretion, cancel your order. We will not be responsible for failure to fulfill any obligation due to causes beyond our reasonable control. These terms and conditions do not and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Whole Foods Market. These terms and conditions will be enforced to the full extent permitted by applicable law. If any provision of these terms and conditions is held invalid, illegal or unenforceable to any extent, then the remainder of these terms and conditions will have full force and effect and such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision. The failure of Whole Foods Market to act with respect to a breach of these terms and conditions does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. You may not assign, transfer or sublicense any of your rights or obligations under these terms and conditions without our prior written consent.
13. Contacting Us
If you have any questions, please contact us at Whole Foods Market Services, Inc., 550 Bowie Street, Austin, TX 78703-4644, United States (Attention: General Counsel) or click here.