The Local Collaborative, LLC (“The Local Collaborative”) provides a marketplace for local producers, makers and growers (collectively, “Service Providers”) to allow you, the user (“You”), the opportunity to easily purchase goods from said Service Providers and have these goods either delivered or provided for pick-up at various locations on a specific schedule. All products and services described in this Section, as well as any other products and services offered by The Local Collaborative at any time shall be defined herein as “Service” or “Services.” In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by The Local Collaborative from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some The Local Collaborative-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. THE LOCAL COLLABORATIVE SERVICE
The Local Collaborative provides a marketplace for a variety of Service Providers based upon the geographic location of and the reputation of said Service Providers and also provides You with the opportunity to transact with these Service Providers and provide feedback regarding Your experience with the Service Providers and their products.
The Local Collaborative offers two types of delivery methods for any purchases made through our website.
Members joining and renewing in certain markets on or after June 1, 2015, will be able to select one of the following plans (“Plans”) during each checkout:
(1) Delivery Plan (bike messenger only)
- Limited to certain delivery radii, as chosen by Rush Bike Messenger Delivery Services;
- Charged on a per mile basis, per our contract with Rush Bike Messenger Delivery Services;
- Limited to specific delivery days (currently Tuesday-Saturday); and
- Requires at least 48 hour lead time for delivery.
(2) Pick Up Plan (specified pick up locations only)
- Limited to certain pick up locations, as chosen through established partnerships with other businesses;
- Limited to operating hours of specified pick up locations, as chosen by said locations;
- Requires at least 48 hour lead time for pick up; and
- Limited to specific pick up days (currently Wednesday – Saturday)
The benefits of the Delivery Plan, or of the Pick Up Plan are available only for a single purchase through the website and may be changed after each transaction on the website. The fees related to each of these Plans are for single use, and must be repurchased for each subsequent transaction.
The Local Collaborative reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check Your account online or call a The Local Collaborative call center representative if You have any questions.
2. REGISTRATION INFORMATION
As a condition of Your use of the Service, You agree to: (a) provide The Local Collaborative with true, accurate, current and complete information as prompted by The Local Collaborative’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
The Local Collaborative requires a minimum order of $50 for a transaction to take place. The Local Collaborative will charge You according to each specific purchase You make through the website, based off of the retail amounts for each item in Your basket, local sales taxes, and your chosen delivery method. Your fee is the amount You were charged for Your purchase, not including any promotions or discounts that may have been applied (the “Service Fee”). For this or other reasons, the Service Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check Your account online or call a The Local Collaborative call center representative if You have any questions. You acknowledge that The Local Collaborative reserves the right, at any time, to modify its Service Fees and billing methods. Service Fees for access to the Service may be made up to two weeks in advance of delivery of products, and require at least 48 hours of lead time prior to delivery of products. Service Fees must be paid in advance.
You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service and to facilitate easy payment for new services.
If Your payment fails to process prior to the 48 hour turnaround time deadline for delivery or pick up, Your order will not be available until the next available delivery or pick up day for the location and delivery or pick up plan method chosen.
In the event that a Service Provider is unable to provide the specific item(s) originally featured on The Local Collaborative’s website (e.g. due to spoilage, stock-out, etc.), The Local Collaborative reserves the right to substitute the item(s) with (an) item(s) of equal or higher value from a reputable retail location (e.g. Whole Foods) at no cost to You, the customer. If, for any reason, You are unhappy with the substitution, The Local Collaborative will retrieve the substitution from You and refund the amount of the original item(s) to You. In order to be eligible for refund, You must not use or damage the substitution product in any way.
8. MISSED DELIVERIES
In the event that You are unable to be present at the time of delivery of Your purchase, You may leave a cooler near the front door of your residence for a The Local Collaborative delivery driver to leave your purchase in. In doing so, You accept responsibility for the perishability of Your purchase and indemnify The Local Collaborative for any spoilage that may occur as a result of extreme temperatures outside of the promised delivery window. Alternately, You may choose to forego the delivery of Your purchase and instead either attempt for a re-delivery during the promised delivery day by phoning The Local Collaborative’s call center, or You may pick up Your purchase at the specified delivery location on the day of or the day following Your missed delivery. If You are unable to have Your purchase picked up or re-delivered within 48 hours of the originally scheduled delivery time, Your purchase will be donated to a local food bank at full cost to You.
9. WEATHER RELATED DELIVERY DELAYS
In the event that severe inclement weather (e.g. tornado warnings, flash flood warnings, ice storms, etc.) precludes members of The Local Collaborative or their delivery partners from delivering an order as promised, The Local Collaborative will attempt delivery as soon as possible after the weather has passed. The Local Collaborative will not be held responsible for said delays. If any items should spoil on account of said delays, The Local Collaborative will replace them prior to the next delivery attempt.