Terms & Conditions
Yekta Terms and Conditions of Use
Welcome to Yekta Deli and Imported Grocery! Please read these terms and conditions before you use our website or mobile application as they form a legal agreement ("Agreement") between you and Yekta Deli and Imported Grocery, Inc. ("Yekta"). If you access or shop on Yektasupermarket.com, or otherwise use Yekta Services, you agree to these terms and conditions. If you do not agree, please do not use Yekta Services.
Yekta Services. Yekta offers online grocery shopping and delivery services via United Postal Services, Inc., to persons who are at least 18 years old and who are registered users ("Yekta Services"). You can register for Yekta Services online. When you do so, you agree to provide us with accurate and complete information including, but not limited to, your legal name, billing and delivery addresses, telephone number and a valid credit card account number, security code and expiration date. If you choose an additional method of payment that is accepted by us (Paypal®) you must also provide the necessary banking information ("Customer Registration Data"). You will promptly notify us of any changes to your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Yekta Services. All credit card and personal financial data will be deleted upon processing. Yekta Services uses specific merchant third-party processors to process all credit card transactions. You may be required to enable “cookies” or other internet specific computer functions to place orders via Yektasupermarket.com.
Prices and Payment. Prices of items offered on Yektasupermarket.com may differ from the prices of like items sold in Yekta’s supermarket. Prices for items you place in your cart will be guaranteed as long as your order is delivered (or picked up by you at a designated pick-up location) within 7 calendar days from the day you originally placed the items in your cart. After 7 days, prices will be adjusted to reflect current prices. Payment for items ordered and the associated delivery fees will be processed at the time of delivery or pick-up. You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. Fees and charges will be assessed in accordance with the then-current Yekta fee schedule which can be accessed online. Yekta will collect all applicable sales and usury taxes at the time of sale. When you place an order, Yekta reserves the right to request credit card authorization for up to 110% of the order total to accommodate updates to your order and the cost of variable weight items. You will only be charged the actual cost that is determined after preparing and weighing variable weighted items in your order. During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for shopping and delivery or pick-up. If you fail to pay any fees or charges when due under the Yekta fee schedule (including fees or charges for returned checks, electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), Yekta may charge such amount directly to the credit card identified in your Customer Registration Data. Yekta reserves the right to establish a spending limit for your account. Your right to use the Yekta Service is also subject to limits established by your payment card issuer. You are responsible and liable for any fees, including attorneys' fees and collection costs, that Yekta may incur in its efforts to collect any unpaid balances from you.
EBT/Food Stamps. Due to USDA Internet restrictions and limitations, Electronic Benefit program payments (EBT or Food Stamps) for internet grocery purchases are not accepted at this time.
Delivery. Delivery will be made to the delivery address contained in your Customer Registration Data. Yekta Services will use the United Postal Services (“UPS”) for all deliveries. For "Attended" orders: You are responsible for ensuring that someone is present at the delivery address to accept delivery of your order at the time specified. Anyone at the delivery address who receives the delivery shall be authorized to receive the order. If UPS cannot deliver your order or must make an additional delivery because no one is at the delivery address to receive the order at the specified time, you will be assessed an additional fee. Yekta's liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.
In some areas, UPS may provide for "Unattended" delivery option. If you choose this option, your order will be left unattended at your designated delivery address. Yekta is not responsible for damage or theft to an unattended delivery if you selected that option. By selecting the “Unattended” delivery option, you agree to indemnify Yekta from any loss, including theft and spoilage. The "Unattended" delivery option is subject to specific UPS delivery terms and conditions and Yekta makes no representation that it may alter and/or modify UPS’s restrictions. See UPS.com for specific delivery terms and conditions.All packaging and shipping materials are disposable or may be retained at no cost by Yekta’s customers.
Pick-Up.You may be able to pick up your order yourself at a Yekta Deli and Import Groceries store located at 1488 Rockville Pike, Rockville, Maryland 20852. You can select a time frame and your order will be available for pick-up during that time frame. Restocking fees will apply for cancellations after the order is shopped and orders not picked up during your selected time frame.
Your order will be carefully packed and maintained within the store coolers to ensure product quality. For optimum freshness, please properly store your order within one hour after the delivery or pick-up window. We cannot guarantee the quality of items that are not properly stored within that time frame.
Third Party Information Providers and Merchants. By using the Yekta Service, you may be permitted to order and receive products, information and services from businesses which are not owned or operated by Yekta. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the products, information or services ordered or received from such businesses are solely between you and such businesses. Yekta does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Yekta Service.
Copyright: All content on Yektasupermarket.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Yekta© 2015, Yekta Deli and Import Groceries, Inc., ALL RIGHTS RESERVED, or its content providers. Yekta authorizes you to view, electronically copy and to print in hard copy portions of Yektasupermarket.com for the sole purpose of placing an order with us for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on Yektasupermarket.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Yekta is strictly prohibited. Yekta reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Yekta.
Trademarks: "Yekta", "Yektasupermarket.com", all Yekta logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Yekta or otherwise proprietary to Yekta 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 on Yektasupermarket.com are the property of their respective owners.
Your Account Password. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Yekta promptly of any unauthorized use of your password or your account or loss or theft of your credit card or bank account number. You will remain liable for any use of the Yekta Service until you notify Yekta of the unauthorized use, loss or theft.
Unauthorized Use. From time to time, Yekta may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes an unauthorized and fraudulent use. You will be liable for damages caused by such unauthorized and fraudulent use and Yekta reserves the right to charge the credit card on the account identified in your Customer Registration Data an amount equal to such damages.
Changes in Agreement, Fee Schedule or Yekta Service. Yekta may at any time change any of the terms of this Agreement or the Yekta fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Yekta Service. If Yekta makes material changes to this Agreement or changes to the Yekta fee schedule, Yekta will provide notice to you in a manner provided in this Agreement. Your use of the Yekta Service after any such change will be conclusively deemed acceptance of such change. Yekta may discontinue or revise any or all aspects of the Yekta Service without prior notice to you. Price and availability of products are also subject to change without notice. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products. You will be contacted in such circumstances, and, of course, your credit card or checking account will not be charged. If any change is unacceptable to you, you may cancel your Yekta Service and terminate this Agreement.
Disclaimer of Warranty and Limitation of Liability. YOUR USE OF THE YEKTA SERVICE, YEKTASUPERMARKET.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE YEKTA SERVICE, YEKTASUPERMARKET.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, YEKTA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YEKTA DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY YEKTASUPERMARKET.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YEKTASUPERMARKET.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER YEKTA NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE YEKTA SERVICE, YEKTASUPERMARKET.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH YEKTA. YEKTA'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY YEKTA AND RETURNED BY YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH STATES AND JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material on Yektasupermarket.com is provided for lawful purposes only. Yekta controls and operates Yektasupermarket.com from its headquarters in Rockville, Maryland, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use Yektasupermarket.com from other locations, you are responsible for compliance with applicable local laws.
Disputes. Any dispute or claim relating in any way to your use of Yekta Services, Yektasupermarket.com or any product or service ordered or purchased through Yektasupermarket.com will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. 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 these Terms and Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company 1488 Rockville Pike, Rockville, Maryland 20852. 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. 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. In addition, 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.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access Yektasupermarket.com for any purpose without our express written permission. Additionally, you agree that you will not (i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the sites without our prior express written permission; (iii) interfere or attempt to interfere with the proper working of our sites or Yekta Services; or (iv) bypass any measures we may use to prevent or restrict access to our sites.
Indemnification. You agree to defend, indemnify and hold Yekta and its Associates harmless from any claims and expenses, including attorneys' fees, arising in connection with a violation of this Agreement by you or through use of your account.
Termination. Yekta may suspend or terminate your access to the Yekta Service at any time for any reason with or without notice to you. You may terminate your Yekta Service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice. If you terminate your Yekta Service for any reason, you will not be entitled to a refund of any fees. Yekta reserves the right to collect fees and charges incurred before you cancel your Yekta Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Privacy and Security. Your privacy is very important to Yekta. Yekta uses Authorize.net or a similar service at Yekta's discretion to encrypt your credit card information in order to protect your information as it travels over the Internet. Once we receive your credit card information, it is stored in our secure data center. Yekta does not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide the Yekta Service or as described below. Yekta makes reasonable efforts to protect your personal information once we receive it. However, due to the inherent nature of the internet, Yekta cannot and does not guarantee that any data transmitted over the internet, or any other network is 100% secure. Therefore, Yekta cannot ensure or warrant the security of any information transmitted to Yekta or from Yekta. As with any internet user, you transmit your personal data at your own risk.
(a) Personal Information. Yekta agrees not to sell or aggregated information regarding its customers and usage of the Yekta Service (such as customer demographics and traffic patterns) to third-parties for the purpose of those third-parties to advertisers and/or market their various products.
(b) Third Party Service Providers. Yekta may employ other companies and individuals to perform certain functions such as delivering packages, processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
(d) Enforcement of Agreement or Compliance with Law. Yekta may use or disclose personal information when Yekta believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Yekta or its users or to comply with the law.
(e) Promotional Materials. Yekta may send promotional or marketing materials via first class or electronic mail, including but not limited to newsletters, brochures, coupons, specials and special events related to Yekta products or services only. Customers may opt-out of receiving promotional materials from Yekta by contacting Yekta Customer Care at 301-984-1190.
Notices. Yekta may give notice to you of a change in this Agreement, a change in the Yekta Fee Schedule, and any other matter by general posting on Yektasupermarket.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Yekta by telephone 301-984-1190 by electronic mail (as specified in the "Contact Us" section of Yektasupermarket.com), or by conventional mail to:
Yekta Deli and Imported Grocery, Inc.
1488 A ROCKVILLE PIKE
ROCKVILLE, MD 20852
Attention: CUSTOMER CARE
Legal and Miscellaneous.
(a) This Agreement states your entire agreement with Yekta regarding the use of Yektasupermarket.com, and the Yekta Services. 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.
(b) The failure of either you or Yekta to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
(c) This Agreement is governed by the laws of the State of Maryland without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Yekta or its Associates or relating in any way to your use of the Yekta Service, Yektasupermarket.com resides in the courts of Maryland, and you further consent and agree to personal jurisdiction.
(d) Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
(e) All obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Yekta Service.
(f) Legal Notices to Maryland Customers. Maryland customers are entitled to the following consumer rights information under Maryland Code, Commercial Law, Article 13-101 et seq.:
(g) Pricing Information. The current Yekta Fee Schedule may be obtained by calling Yekta Customer Care at 301-984-1190, Yekta reserves the right to add, delete or change fees or charges at any time upon notice.
(h) Complaints. The Consumer Complaint Division of the Maryland Attorney Generals Office may be contacted in writing at 9200 Basil Court, Suite 301, Largo, Maryland 20774, or by telephone at 1-301-386-6200.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL YEKTA CUSTOMER CARE AT 301-984-1190.