By clicking a box indicating Customer's acceptance of these terms, Customer hereby accepts and agrees to be bound by the terms of this agremeent.  

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If the individual accepting this agreement is accepting on behalf of a company or other legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these terms, in which case the term "Company" shall refer to such entity and its affiliates.  If the individual accepting this agreement does not have such authority, or does not agree with these terms and conditions, such individual must not accept this agreement and may not use the services described herin.

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Upon consent or acceptance as provided above, these Customer Terms and Conditions ("Terms") are an agreement between the company ("Customer") and Delvy, Inc ("Service Provider"), also individually referred to as the “Party”, and collectively the “Parties”.  Any agents, contractors or employees of each Party shall herby be included in any reference to their corresponding Party. 

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Definitions:

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Business Day shall mean any Monday, Tuesday, Wednesday, Thursday or Friday that is not a Federal or State Holiday.

Consumer shall mean the intended recipient of a delivery including, but not limited to, a customer of the Customer, another business, or another location of the Customer. 

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Approved Customer Location shall mean a complete legal address previously approved in writing by the Service Provider as an acceptable location for the picking up of Packages from the Customer. 

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Covered Service Area shall mean all addresses located within the following Zip Codes:

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98101

98102

98103

98104

98105

98107

98108

98109

98112

98115

98117

98119

98121

98122

98125

98134

98144

98154

 

On a case-by-case basis as agreed upon in writing by the Service Provider, the Covered Service Area may include an Approved Customer Location or delivery area that is outside of the Zip Codes provided.  In this event and as provided for in Section 2.5 Extended Covered Service Area, there may be additional requirements including a non-standard Service Fee and/or a minimum Service Fee charged.    

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Consumer Delivery Address shall mean the complete legal address of the location in which the Service Provider is asked to deliver a Package. 

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Order Info Excel shall mean the document provided in advance by the Service Provider to the Customer with required order information fields including an Approved Customer Location and Consumer Delivery Address.

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Qualified Order shall mean an order intended for delivery by the Service Provider to a Consumer Delivery Address within the Covered Service Area that meets the following requirements:

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• Order package shall not exceed 108inches in length and girth combined

• Order must be able to be reasonable handled, lifted, moved, and transported by a single person.

• Each item within the Order shall weight less than 45lbs.  If the cumulative weight of multiple items in a single Order exceeds 45lbs, the items shall be grouped such that each group does not exceed 45lbs and a Service Fee shall be charged for each group in the Order (See Section 2.4 Excess Weight Orders).

• Order shall not contain any contraband, restricted substances or items requiring identification of the Consumer unless otherwise explicitly allowed for in this agreement (Section 4 Delivery of Alcohol, as applicable).

• Order must meet all federal, state, and local laws

• All Orders combined for a given day must be able to reasonably fit in a sedan

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Package(s) shall mean a Qualified Order packaged in a way such that it is easy to handle by a single person, can withstand reasonable delivery wear and tear and weather elements upon delivery.

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Order Reported Time shall mean the date and time the Service Provider receives and confirms the complete and accurate daily Order Info Excel provided by the Customer for a Qualified Order.

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1. Services. The Service Provider shall pick up all Packages from the Customer and deliver these Packages to the provided address(es) of the Consumer(s) that request the same day delivery offered by the Service Provider under the following conditions:

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1.1

Any Qualified Order with an Order Reported Time before 8:00PM on an evening preceding a Business Day shall have its corresponding Package picked up and delivered on the following Business Day unless otherwise agreed upon by the Service Provider.

1.2

Any Qualified Orders with an Order Reported Time after 8:00PM on an evening preceding any Business Day shall have its corresponding Package be delivered on the second upcoming Business Day unless otherwise agreed upon by the Service Provider.

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1.3

Any Qualified Orders with an Order Reported Time on any day that is not a Business Day shall have its corresponding Package be delivered on the following Business Day.

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1.4

The Customer shall have the Package present, fully prepared, labeled and quickly assessable to the Service Provider within two (2) minutes of the Service Providers arrival at the Approved Customer Location.  Failure by the Customer to meet these forementioned requirements may result in a Service Fee penalty being charged to the Customer exclusively at the Service Providers discretion and may disqualify the Package from being delivered within the stated delivery window.

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1.5

The Service Provider shall take a photograph after each delivery left at the Consumer Delivery Address. The Service Provider shall send the photograph(s) via email to the Customer as confirmation of each delivery.  Note that photographs may not be taken in the event the Consumer, or a representative/agent of the Consumer, is present and accepts the delivery in person or as otherwise requested by the Customer.

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1.6

The Service Provider shall ring the doorbell or other such appropriate means of alerting the Consumer upon arrival at the Consumer Delivery Address.  If after the alert the Consumer is not present to accept the delivery in person within thirty (30) seconds, the Service Provider shall leave the package on the doorstep, at reception or any other such appropriate and obvious places as available at the location and the Service Provider shall make reasonable efforts, as appropriate, to leave the package in such a way to reduce theft or damage by a passersby. 

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2. Compensation. The Customer agrees to pay the Service Provider a $9.50 Service Fee for each individual delivery performed by the Service Provider unless otherwise provided for in Section 2 Compensation.

 

2.1 Payment.

The Service Provider shall submit an invoice to the Customer by Monday or the first Business Day of the week for services performed during the previous week.  Payments shall be made by check or bank to bank electronic transfer and received by the Service Provider within five (5) Business Days. 

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2.2 Taxes.

In addition to any Service Fee(s), the Service Provider shall charge the Customer for any applicable taxes including Sales Tax and Use Tax.

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2.3 Incorrect Delivery address.

In the event the Consumer Delivery Address is incorrect or inaccessible, the Customer may still be charged the full delivery fee and may further be charged an additional delivery fee for returning the item to the Approved Customer Location, at the discretion of the Service Provider.

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2.4 Multiple Deliveries to the Same Address. 

If multiple deliveries are requested to the identical Consumer Address, they will each be charged as individual deliveries if they (i) have unique order numbers or, (ii) have unique Consumers.  

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2.5 Excess Weight Orders. 

If the cumulative weight of multiple items in an individual delivery exceeds 45lbs it is considered an Excess Weight Order.  In this event, the items shall be grouped such that each group does not exceed 45lbs and a Service Fee shall be charged for each group in the Excess Weight Order.  It is the responsibility of the Customer to inform the Service Provider of any Excess Weight Orders.  Failure to do so may result in the Service Provider rejecting to pick up and Service Fee still being charged. 

 

2.6 Extended Covered Service Area. 

On a case-by-case basis as agreed upon in writing by the Service Provider, the Service Provider may offer services to Approved Customer Location or delivery area that is outside of the Zip Codes provided under the definition of Covered service Area.  In this event, the Customer agrees to pay the Service Provider a non-standard $12 Service Fee for each individual delivery performed by the Service Provider.  Furthermore, the Customer agrees to pay for a minimum of four deliveries per Customer pick up at an Approved Customer Location outside of the Covered Service Area, corresponding to a minimum of $48 or four non-standard Service Fees.  In the event that fewer than four Package deliveries are required as part of this Customer pick up, unused minimum Service Fees shall be considered forfeited by the Customer. 

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2.7 Delivery of Alcohol Fee.

An additional service fee of $2.50 is added for each alcohol delivery to cover the additional requirements on the Service Provider.

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2.8 Promotions.

At times the Service Provider may offer a promotion to the Customer in writing.  Any written promotion accepted, so long as the Customer has met all of the requirements of the promotion and these Service Agreement, shall take precedence over Section 2.0 Compensation only.

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3. Wellbeing of Goods. The Service Provider is not responsible for the wellbeing of the goods after the goods have been delivered in accordance with the Services (Section 1.0) requirements. 

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3.1

For the abundance of clarify, the Service Provider is not responsible for the wellbeing of the goods after delivery especially if they do not meet the Package requirements including the ability to withstand reasonable delivery wear and tear and the ability to withstand any potential weather elements after delivery.

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4. Delivery of Alcohol.  The delivery of alcohol is highly regulated by the State of Washington.  In the event that any terms of this agreement contradict or otherwise don’t explicitly meet the requirements of WAC 314-03-020 or any other applicable laws, then WAC 314-03-020 and any other applicable local, state and federal laws shall supersede the contradicting terms of this agreement.  In the event of a delivery containing alcohol, all applicable terms contained in Section 4 Delivery of Alcohol shall supersede any contradicting terms in the remainder of this agreement and an additional Delivery of Alcohol Fee will be charged in addition to the Service Fee in accordance with Section 2.6.  It shall be the sole responsibility of the Customer to ensure that all legal requirements are met for the delivery of alcohol and failure to do so shall be at the Customers full and complete liability and the Customer shall indemnify and hold harmless the Service Provider. 

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4.1

The Customer shall notify the Service Provider in writing if the Order contains any alcohol in the first communication regarding the requested delivery. 

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4.2

The Customer shall be appropriately licensed by the State of Washington and all other relevant jurisdictions for the legal sale and delivery of alcohol. 

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4.3

Individual units of liquor must be factory sealed in bottles, cans or other like packaging. Delivery of growlers, jugs or other similar, nonfactory-sealed containers are prohibited. 

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4.4

The outermost surface of a liquor package must have language clearly stating that: (i) The package contains liquor; (ii) The recipient must be twenty-one years of age or older; and (iii) Delivery to intoxicated persons is prohibited.

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4.5

The Service Provider shall document: (i) The name of the Consumer who accepts delivery; (ii) The delivery location; (iii) Time and date of delivery and; (iv) A signature of the person (the Consumer) who receives liquor upon delivery.  All of this collected information will be shared with the Customer in a delivery summary email. 

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4.6

Upon arrival at the Consumer Address, the Service Provider shall require a legally issued ID of the recipient proving they are over 21 years of age and shall make best efforts to verify that the recipient is not intoxicated.  If the Consumer is not present, does not provide ID or appears intoxicated, Delvy shall refuse delivery to Consumer.  In this event, the Customer will still be charged the delivery fee and may, at the sole discretion of the Service Provider, be charged an additional delivery fee for the return of the item to the Approved Customer Location. 

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4.7

The Service Provider driver will be at least 21 years of age for all deliveries containing alcohol.

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5. Agreement Duration. The duration of this Agreement shall commence on the Effective Date and continue unless otherwise terminated per the terms of this Agreement.

 

6. Termination.

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6.1

Either Party may terminate the Agreement at any time upon fifteen (15) days prior written notice to the other Party.  Termination of the agreement shall not relieve the Customer from completing any payments owed to the Service Provider.

 

7. Dispute Resolution.

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7.1 Choice of Law.

The Parties agree that this Agreement shall be governed by laws of the State of Washington. 

 

7.2 Negotiation.

In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.

 

7.3 Mediation or Binding Arbitration.

In the event that a dispute cannot be resolved through good faith negotiation, the Parties agree to submit to binding mediation or arbitration.

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7.4 Attorney’s Fees.

In the event of Arbitration and/or Mediation, the prevailing Party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.

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8. General.

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8.1 Complete Contract.

This Agreement constitutes the Parties entire understanding of their rights and obligations. This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing by the Service Provider.  Any deviations from this agreement must be explicitly stated as taking precedence over this agreement and issued in writing by the Service Provider.

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8.2 Severability.

If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of this Agreement will still be enforceable.

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8.3 Waiver. Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing.  If any provision, right, or obligation is waived, it is only waived to the extent agreed to in writing.

 

9. Notices. All notices under this Agreement must be sent in writing by email.