Terms & Conditions
Consent to Terms
Please read these terms of use before using this site. By creating an account, you signify your agreement to these terms and conditions of use and our Privacy Policy. If you do not agree to these terms, please exit the site.
Little Banchan Shop LLC (LBS) reserves the right, at LBS’s discretion, to modify, add, or delete portions of these terms at any time by posting updated terms of use on this site. Please check these terms frequently for updates. Any modifications, additions, or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the site following the posting of updated terms of use will mean that you agree to those changes.
These terms of use, together with the Privacy Policy, represent the entire understanding between you and LBS regarding the use of this site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under the state of New York law without regard to its choice of law, rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to this site shall be litigated in the local or federal courts, and you hereby consent to personal jurisdiction and venue, in New York, New York. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.
Non-Transferable
Your right to use this site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Editing, Deleting and Modification
LBS reserves the right in LBS’s sole discretion to edit or delete any documents, information or other content appearing on the site.
PAYMENT TERMS
Purchases
When you make a purchase on our website, you will be able to choose the third-party payment processor that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by these third-party payment processors.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
Placing Product Orders
You may order from LBS if you are aged 18 years or over.
Products supplied by LBS shall be suitable only for the purpose designed and intended and you shall ensure products purchased are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the instructions provided by LBS or the product manufacturer.
LBS will not be liable to you for loss that you or any third party suffers from a delay or failure to process your order or deliver product(s) due to inaccurate or incomplete details provided in an order.
Subject to any applicable quantity restrictions, you can order as many product(s) as you wish in one order. If you place consecutive or separate orders, we will not consolidate your orders. A separate delivery fee, if applicable, will apply to each order.
If you are purchasing gifts or products for someone other than yourself, you agree to obtain consent from the recipient to provide their personal contact/shipping information to LBS as requested for the purposes of pickup or delivery.
Accuracy of Payment Information
You represent and warrant that if you are purchasing something from us that (a) any payment or purchase information you supply is true, correct and complete, (b) charges incurred by you will be honored by your bank, credit union, and/or credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes and/or fees. If your payment fails and does not work, and if you do not correct this error promptly upon being informed by LBS, then you agree to pay LBS all charges including all attorney fees and collection costs incurred in order to obtain payment.
User Conduct
In connection with your access to LBS’s services, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and applicable content. Specifically, among other things, you agree that by or while accessing or using LBS’s services you will not:
- allow persons who are not listed on your Owner Contract, Business Membership, or e-commerce account to use your e-commerce account, and you agree that persons listed on your Owner Contract, Business Membership or e-commerce account are the sole authorized users of your e-commerce account;
- use LBS’s services for any purpose that is unlawful;
- represent yourself as another or fictitious individual;
- bypass any measures LBS may use to present or restrict access to the services or otherwise attempt (by any means) to gain access to data or information that you are not entitled to access;
- copy, modify, create derivatives of, decompile, or reverse engineer the services or take action to interfere with LBS proprietary and intellectual property rights;
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person;
- interfere with or disrupt LBS or the servers or networks connected to LBS;
- post information or interact with LBS in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use LBS’s services in any way that infringes on any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information.
DELIVERY TERMS
Delivery/Pickup Service Schedule
Days and times delivery and pickup service are listed on the e-commerce site and are subject to change. LBS reserves the right to modify the pickup and delivery service days and times available to select for any reason at any time.
Product Availability
LBS may occasionally be unable to deliver every product that you ordered. Upon user request when the order is placed, we are able to substitute a product based on the user preference provided, if the substitute product requested is available when shopped for delivery.
LBS reserves the right to limit the quantity of a particular product that you may order.
Product Pricing
We offer goods, services, and digital products on our website. The price of these goods, services, and digital products are listed on the website or customized based on the needs of the customer.
The prices advertised in your shopping cart at the time you submit your purchase will be the prices charged. Final order totals may differ because of out-of-stocks, substitutions, or weight variations.
LBS may charge or withhold the applicable sales tax for orders, and you are solely responsible for all applied sales taxes, or other taxes and fees, on orders delivered to you.
RIGHT TO CANCEL
Acceptance of Orders/Delivery Request
Your receipt of an electronic or other form of order confirmation does not signify LBS’s acceptance of your order/delivery request, nor does it constitute confirmation of LBS’s offer to sell. LBS reserves the right at any time after receipt of your order to accept, decline or cancel your order/delivery request for any reason.
Customer Cancellation
You may cancel your order for a full refund up to 48 hours prior to the day of your scheduled pick-up, delivery or provision of services. If you cancel your order within 48 hours of the day of your scheduled pick-up, delivery or provision of services you will be charged a restocking fee equivalent to 50% of your total bill.
Undeliverable Orders
If LBS has already sent your order for delivery and is unable to deliver due to incorrect information provided in the order or your inability to receive the delivery during the specified delivery time, the order will be returned to the store, at which time you may either:
- Pay an additional delivery fee to have the product re-delivered
- Pick up the groceries within 24 hours
If you do not claim your groceries within 24 hours of attempting delivery, you will be charged for your total bill and all viable groceries will be donated to food pantries of LBS’s choosing.
To avoid a missed delivery:
- Be sure your delivery address is correct.
- If you live in a secure building or community, please make sure you or your security company allows our delivery driver to enter the area.
- If you will not be home at the time of delivery you must leave clear instructions when placing your order as to where groceries should be placed. Drivers will not leave groceries if you are not home unless it has been pre-arranged.
- If there are special instructions needed to find or access your building, please note those instructions in the comment box on the final screen before checkout.
- Please have your phone available during your delivery window in case we need to contact you.
Unclaimed Pickup Orders
If you requested pickup and do not pickup your groceries within the specified time on your order, you will have 24 hours to pickup your groceries. If you do not claim your groceries within 24 hours, you will be charged for your total bill and all viable groceries may be discarded or donated to food pantries of LBS’s choosing.
Product Returns
We do not accept any returns unless due to defect. Acceptable returns may be processed at any LBS retail location. LBS does not pick-up delivered product to be returned nor process returns on our website. Valid returns will result in a refund or credit as applicable.
DISCLAIMER OF LIABILITY
Limitation of Liability
In no case shall LBS, its directors, officers, employees, affiliates, agents, representatives, authorized persons, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold LBS, its directors, officers, employees, and members harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your use of this site or your violation of these terms of use.
Disclaimer
LBS does not guarantee that this site will be uninterrupted or error-free. LBS does not make any guarantees as to the results that may be obtained from the use of this site nor endorse, recommend, or make any guarantees as to the accuracy, reliability, or content of, any information, service, products, opinions, or statements available on or through this site or through links on the site. Use of this site is entirely at your own risk.
Content of this site is not intended to substitute for professional advice of any kind. In particular, nothing contained on this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding personal health or medical conditions. Never disregard or avoid professional medical advice or delay in seeking it because of something you have read on this site.
Information and Press Releases
This site contains information and press releases about LBS. While this information was believed to be accurate as of the date prepared, LBS disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
INTELLECTUAL PROPERTY/TRADEMARKS
Limited Right to Use
The viewing, printing, or downloading of any content, graphic, form, or document from the site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, display, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for wholesale or distribution).
Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to this site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, modifying, distributing, transmitting, displaying, selling, licensing, using or publishing or creating derivative works by you of any such matters or any part of the site, except as expressly allowed by these terms of use, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials.
Trademarks
This site contains certain marks and logos that may be LBS trademarks. Other product and company names mentioned on the site may be trademarks of their respective owners.
DATA PROTECTION
Use of Information
LBS reserves the right, and you authorize us, to the use and assignment of all information regarding site uses by you and all information provided by you in any manner consistent with LBS’s Privacy Policy.
Privacy Policy
LBS’s Privacy Policy, as it may change from time to time, is part of these terms of use.
Use of Cookies
When you visit LBS’s website, a small text file called a cookie is downloaded to your computer. Cookies store small amounts of information that both helps the customer’s website experience and marks the customer as a unique user. Depending on the browser that you are using, you can set your preferences to block or refuse cookies, and/or alert you before they are placed.
EXTERNAL LINKS
Links to LBS Web Sites
You may provide a hypertext link to this site on another website, provided that: (a) the link must be clearly marked to the URL of the site, (b) the link must "point" to the URL home page, and not to any other pages within the site, (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with the LBS name and trademark(s), (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, (d) the link, when activated by a user, must display this site full-screen and not within a "frame" on the linked website, and (e) LBS may, in LBS’s sole discretion, revoke consent to link to the site at any time. All other hypertext links to the site must be approved in writing by us.
Links to Third-Party Sites
LBS may provide links to other websites maintained by third parties, over which LBS has no control. These links are provided for convenience only and are not intended as an endorsement by us of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.