Privacy Policy & Terms of Use

Website Privacy Policy
 

Introduction

Balducci’s Holdings LLC (“Balducci’s” or "We") respects your privacy and is committed to protecting it through our compliance with this Website Privacy Policy (“Policy”).  This Policy describes the types of information we may collect from you or that you may provide when you visit the website www.balduccis.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect on this Website, whether directly or through our service providers.  It does not apply to information collected by us offline or through any other means.  Nor does it apply to information collected and/or maintained by any third party, including through services that may link to or be accessible from the Website. Balducci’s is not responsible for the privacy policies and security measures of these third parties.

Please read this Policy carefully to understand Balducci’s policies and practices regarding your information collected by us on the Website and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time, and revisions will be posted at this page. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information by which you may be personally identified, such as name, postal address, e-mail address, telephone number and/or credit card information ("personal information") and information about your internet connection, the equipment you use to access our Website and usage details (“usage information”).  We collect this information:

  • For personal information, directly from you when you provide it to us.
  • For usage information, automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us.  The information we collect on or through our Website may include information that you affirmatively provide when requesting services on the Website, such as by signing up for our mailing list or making a product purchase.  

Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with our Website, we may use automatic data collection technologies, such as Google Analytics, to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including purchases made, favorited products, recipes, and stores, as well as traffic data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and does not include personal information, but we may associate it with personal information we collect in other ways or receive from third parties.  It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns, recognize you when you return to the Website and store information about your preferences. 

The technologies we use for this automatic data collection may include cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept cookies using the appropriate setting on your browser.  However, if you select this setting you may be unable to access certain parts of our Website.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 

For information on Google’s collection and use of data through the Google Analytics program, and your options with regard to managing your data online, please visit https://www.google.com/policies/privacy/partners/.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To send you information about our products, services and other offerings that may be of interest to you.
  • To fulfill any other purpose for which you provide it.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Balducci’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Balducci’s about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it. 
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Website Terms of Use and other agreements, if any.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Balducci’s, our customers, or others. 

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the information you provide to us.  The following mechanisms are available for you to exercise control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.  To learn how to opt out of Google Analytics cookies, please visit https://tools.google.com/dlpage/gaoptout
  • Newsletter and Promotional Offers from Balducci’s. If you no longer wish to receive our Newsletter or any promotional offers from us, you can opt-out by emailing customerservice@mybalduccis.com. Please note, this opt-out does not apply to transactional or relationship communications that may be sent to you by or on behalf of Balducci’s.

Accessing and Correcting Your Information

If you wish to access, correct or delete any personal information that you may have provided to us on this Website, you may send us an email at customerservice@mybalduccis.com. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.  

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through the Website. Any transmission of personal information is at your own risk. 

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: 

customerservice@mybalduccis.com

1-844-884-9809

Website Terms of Use
 

Terms of Use

These Terms of Use are entered into by and between you, the user, (“You”) and Balducci’s Holdings, LLC (“Balducci’s,” "We," or “Us”) and govern your use of www.balduccis.com (the "Website").  By using the Website, you agree to these Terms of Use. 

The Website is offered and available to persons residing in the United States.  By using the Website, you represent and warrant that you reside in the United States and are of legal age to form a binding contract with Balducci’s.

Important Notice Regarding Claims and Agreement to Arbitrate

These Terms of Use contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Website.  These are found in the Disclaimer of Warranties, Limitation of Liability and Indemnification and Arbitration Sections below. Please read these terms carefully and make sure that you understand them before using the Website.  If you do not agree to such terms, please do not use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Accessing the Website and Account Security

We reserve the right to modify or discontinue the Website, and any service or material we provide on the Website.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of its resources, you may be asked to provide certain registration details or other information, such as creating an account.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. All information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Please use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Product and Price Information

Product, price and related information on the Website is valid only for the dates and at the locations indicated.  We strive to ensure that product and price information on the Website is up to date and accurate, but we cannot guarantee the accuracy of such information.  We will address any inaccuracies as soon as we learn of them.  In the rare case of a pricing error, the customer will be notified and charged the correct price. The inclusion of any products or services on the Website at a particular time does not guarantee availability, as inventory and product availability can vary.

Product information, packaging, and materials as depicted on the Website may vary from actual appearance. For information about a product, please read its actual label and/or product packaging and/or contact the manufacturer. Balducci’s makes reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

Rewards Program

Balducci’s offers a customer rewards program, MyBalducci’s, under the terms and conditions available here.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Balducci’s, its licensors or other providers of such material and are protected by United States and international copyright, trademark and other intellectual property or proprietary rights laws.

You may use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

No right, title or interest in or to the Website or any of its content is transferred to you, and all rights not expressly granted are reserved by Balducci’s. Any use of the Website not expressly permitted by these Terms of Use is a breach hereof and may violate copyright, trademark and other laws.

Trademarks

The term BALDUCCI’S , the BALDUCCI’S logo, MYBALDUCCI’S, FOOD LOVER’S MARKET, and all related product and service names, designs and slogans are trademarks of Balducci’s or its affiliates or licensors. You must not use such marks without the prior written permission of Balducci’s.  All other marks, logos, product and service names, designs and slogans on this Website, including product and brand names, are the trademarks of their respective owners, and are shown to illustrate our product offerings.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate Balducci’s, a Balducci’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Balducci’s or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Online Purchases

Balducci’s endeavors to fulfill all orders as received, but reserves the right to cancel any order if it cannot properly be fulfilled or to limit quantities per person, household or order. If your credit card has already been charged for the purchase and your order is cancelled, Balducci’s will issue a credit to your credit card account in the amount of the order.

While it is our practice to confirm orders by email, the receipt of an order confirmation does not constitute our acceptance of an order. We also may require verification of required information prior to the acceptance and/or shipment of any order.

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. Balducci’s deliveries are powered by Instacart, a third party grocery delivery service.  Balducci’s is not responsible for the timeliness of condition of a delivery.  For more information on Instacart and its delivery service, please review their terms of service.

Comments and Suggestions

Balducci’s welcomes your comments and suggestions regarding the Website.  Any comments or suggestions submitted to Balducci’s, whether online or offline, will become Balducci’s property upon their submission.  This policy is intended to avoid the possibility of future misunderstandings if a product or service developed by Balducci’s might seem to others to be similar to their comments or suggestions.

Monitoring and Enforcement; Termination

Balducci’s reserves the right to terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.  Balducci’s also reserves the right to take all actions deemed reasonably necessary to address any suspected violation, including conducting investigations and referring the matter to law enforcement.

Reliance on Information Posted

The information presented on or through the Website is provided for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Linking

This Website may include content or links to content offered by third parties. Such content reflects the opinions of its authors and Balducci’s is not responsible for the content or accuracy of any third party materials that you may access on or through the Website.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.  You must not establish a link from any website that is not owned by you or use framing or deep linking of any portion of the Website.

Disclaimer of Warranties, Limitation of Liability and Indemnification

Disclaimer of Warranties.  We take reasonable steps to provide secure, timely, accurate and complete information on the Website. However, it is possible that information contained or made available on the Website may be incorrect or not current.  Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Website will be uninterrupted or error free or that the Website, or sites to which it may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion.   You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.

If you notice any errors or omissions in the information contained on the Website or other concerns, please report them to us for investigation.

YOUR USE OF THE WEBSITE AND THE CONTENT PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, ACCURACY OF INFORMATION, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the websiTe OR THE CONTENT PROVIDED ON THE WEBSITE, OR ANY HYPERLINKS ON THE WEBSITE to other Internet resources.

Limitation of Liability. Balducci’s HOLDIngs, LLC, its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors and assigns (the “Balducci’s Parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Website or any CONTENT provided on the Website, including but not limited to, damages caused by your reliance on the accuracy, completeness or timeliness of information provided on the Website or your provision of information to the Website, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the Balducci’s Parties’ negligence, gross negligence, recklessness, fraud or other wilful, unconscionable or intentional misconduct.  Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.

Indemnification. You agree to defend, indemnify and hold harmless the Balducci’s Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website content other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense. 

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

Arbitration

THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

To the fullest extent permitted by law, by using the Website You agree that if a dispute arises between You and Balducci’s regarding your use of the Website or any purchase made on or through the Website, THE PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION.  ANY ARBITRATION COMMENCED BETWEEN YOU AND BALDUCCI’S MUST BE FILED IN MORRIS COUNTY, NEW JERSEY.  ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.  THIS MEANS NEITHER YOU NOR BALDUCCI’S MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE.  The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and the Parties both agree that You or Balducci’s may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://www.adr.org.

Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with United States Federal law, where applicable, and the internal laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would require the application of a different state’s law.

Waiver and Severability

No waiver by Balducci’s of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Balducci’s to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Balducci’s with respect to Your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Your use of the Website. 

Your Comments and Concerns

If you have comments, questions or requests for technical support, please contact Us at:

customerservice@mybalduccis.com

1-844-884-9809