This delivery truck is empty!ADD SOME PRODUCTS
Terms & Conditions
Welcome to Pueblo Fruits & Vegetables, Inc. We ask that you please review the following terms and conditions before using the site.
By accessing and/or using this website, you are consenting to be bound by this User Agreement (“Agreement”). If you do not accept all of the terms and conditions contained in this Agreement, please do not use this website or service. We respect and are committed to protecting your privacy. “We” “our”, “ours”, “Pueblo”, and “Pueblo Fruits” refers to Pueblo Fruits & Vegetables, Inc.
1. Changes to the Service.
Pueblo Fruits and this website reserve the right to change the terms, conditions, and services at any time, which will be effective when posted on the site or when you are notified by other means. If you do not wish to be bound by such change, your sole recourse shall be to discontinue using and terminate your use of the services. Your continued use of the services after a change becomes effective, indicates your agreement to the change. Pueblo Fruits and the website shall have no liability to you for any modification or discontinuation of the services.
2. Use of Service.
You acknowledge and agree that you will use the website and the service as it is intended to be used, and will not in any way attempt to disrupt or interfere with the service. You also acknowledge that upon your use of the service, you may be the recipient of certain retargeting ads for Pueblo Fruits across various social media platforms including Facebook, Twitter and other various applications, and other search and Google display methods. You may also receive emails from Pueblo Fruits regarding its services and offerings.
3. Payment and Refund Policy.
You agree that for each order you place through the service, you will be responsible for payment for the full cost of your order. Payment shall be made by those methods as made available and accepted by Pueblo Fruits. Pueblo Fruits is not responsible for full or partial refunds on purchases made through the service or related order fulfillment charges.
4. How Do We Protect the Security of Your Information?
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We use encryption to protect your information contained in our customer list.
We use a firewall to protect against unlawful intrusion.
We limit access to your information on a “need to know” basis.
We reveal only the last four digits of your credit card numbers when confirming an order. We securely transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
No system can guarantee absolute security, just as the finest lock cannot guarantee physical security. However, we take every reasonable precaution to assure that your data is secure.
Credit card information is treated with the utmost security and we follow industry security guidelines including PCIDSS and OWASP security standards.
Your use of the service is entirely at your own risk. the service is provided "as is" and on an "as available" basis. To the maximum extent permitted by applicable law, pueblo fruits and the website disclaim all warranties, express or implied, including any warranties of fitness for a particular purpose, merchantability, data loss, noninfringement, or the accuracy, reliability, quality of any information or content in or linked to the service. Pueblo fruits and the website do not warrant that the service will be completely secure, free from bugs, viruses, interruption, errors, theft or destruction. you understand and agree that any products you obtain through use of the service is done at your own risk. Pueblo fruits and the website make no warranty regarding any dealings with or transactions entered into with any other parties through the service.
6. Indemnity; Limitation of Liability.
You agree to indemnify, defend and hold the website, Pueblo Fruits and its agents, employees, representatives, licensors, affiliates, officers, directors, successors, contractors, services providers, licensors and affiliates (each, an "Indemnified Party"), harmless against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, reasonable attorneys' fees incurred in connection with such claims) resulting or arising from any third party claim in connection with (a) your use of or access to the service, (b) your violation of this Agreement, (c) any information you (or anyone accessing the services using your password) submit or transmit through the services, (d) your violation of any rights of any third party, or (e) any viruses, spyware, trojan horses, or other similar harmful or deleterious programming routines input by you into the services. In no event will Pueblo Fruits or any other indemnified party be liable for any indirect, incidental, special, consequential or exemplary damages (even if such parties were advised of the possibility of such damages), arising out of or related to your use of the services or products, regardless of whether such damages are based on contract, tort (including negligence), strict liability, or any other theory or form of action or whether Pueblo Fruits or any other indemnified party knew or should have known of the likelihood of such damages in any circumstances. The parties acknowledge that the terms of this paragraph reflect the risk allocation set forth in this agreement and that the parties would not enter into this agreement without these limitations of liability. The aggregate liability of Pueblo Fruits or any other indemnified party to you for all claims arising from or related to the services or products is limited to fifty dollars ($50.00).
8. Intellectual Property; Proprietary Rights.
Pueblo Fruits and its licensors own copyrighted and/or proprietary subject matter that is contained in the website and the services. All such material is protected by intellectual property laws, including copyright, trademark, patent and/or trade secret laws. This material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without the prior written permission of each applicable rights licensor. Any feedback, comments and suggestions you may provide for improvements to the service ("Feedback") is given voluntarily and Pueblo Fruits will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind.
Pueblo Fruits and the website reserve the right, in their sole discretion, to change, restrict, suspend, or terminate this Agreement and your access to all or any part of the website and service, at any time and for any reason without prior notice or liability. Upon any termination of the service or Agreement, your right to access and use the service will automatically terminate, and you may not continue to access or use the service. Pueblo Fruits and the website will have no liability for any costs, losses, damages, or liabilities arising out of or related to Pueblo Fruits or the website’s termination of this agreement. Pueblo Fruits and the website reserve the right to change, suspend, or discontinue all or any part of the service at any time without prior notice or liability.
10. Governing Law.
This Agreement shall be interpreted and construed in accordance with the laws of the State of New Mexico, without regard to the conflicts of laws principles thereof. You irrevocably submit to the jurisdiction of any state or federal court sitting in Albuquerque, New Mexico, in any action or proceeding arising out of, or relating to, this Agreement and acknowledge and agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You also agree not to bring any action or proceeding arising out of, or relating to, this Agreement in any other court. You waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of this Agreement is found by a court having competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the enforceable provisions of this Agreement shall remain in full force and effect. Pueblo Fruits’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.
When you sign up to become a Subscriber of Pueblo Deliveries, your subscription will automatically renew until you cancel it. You can skip a delivery or cancel your membership at any time. However, please be advised: because we plan, purchase and order items for Pueblo Deliveries in advance, both the skipping service and cancellation request require advanced notice to Pueblo Fruits.
12. Cancellation Policy.
Cancellation Policy. In order to cancel your Pueblo Fruits delivery, on or before 11 am two days prior to your delivery, you must either email us at deliveries@ pueblofruits.com or call us (505) 344-2554. You can also cancel your subscription at any time within three business days of your signing up for the subscription. Any Pueblo Fruits order that has a delivery date within this two day window has been processed and cannot be cancelled, and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to the cancellation of your Pueblo Fruits delivery. After cancellation you may still receive promotional communications from Pueblo Fruits, unless you follow the unsubscribe instructions provided.
Please follow the steps to cancel your account rather than request Pueblo Fruits to do so.
We are also unable to process returns on any ordered boxes past your designated cut off time or on any pre order box purchases. Please note: if you select the option to pre-pay for your boxes at the discounted rate we are unable to refund for the pre-pay subscription.
13. Pricing & Availability.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific produce items) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us within 24 hours. When you subscribe to your Pueblo Produce Delivery Subscription, you are agreeing to pay the total subscription price for the mix of items included in that delivery. We are unable to guarantee specific varieties of fruit as we work with various growers and get several different types weekly.
If you are not home when a delivery arrives, the delivery company will leave the package for you at your door. By becoming a Pueblo Fruits customer you are authorizing Pueblo Fruits to leave your delivery at your door, or allowing a person to accept the delivery on your behalf. We use refrigerated shipping to maintain the quality and integrity of your products. However to do this, we recommend that you immediately refrigerate or freeze perishable items. If we are unable to reach you for any reason, the order will be left at your door. We are not responsible for missing or stolen packages, but we apply our best efforts in tracking to assure to the best of our ability the safe delivery to the rightful owner.
Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. We do not accept return shipments, you as a customer would still be responsible for the return of product to Pueblo Fruits if requesting and approved for a full or partial refund.
To maintain the highest quality of your delivery we recommend that you immediately refrigerate the items when you receive them. You as the customer are responsible for opening your box on delivery day, and proper refrigeration after your box arrives. You should inspect your package to ensure the contents arrive in a cool, refrigerated condition. All damage or missing box reports must be made within 24 hours of your Pueblo Fruits delivery. Pueblo Fruits may require a detailed explanation of the damaged product, return of the damaged product and or photographs before making any credit, or adjustment to your Pueblo Fruits account. All damage issues need to be addressed to our customer service email: email@example.com
If weather prevents Pueblo Fruits from delivery Pueblo Fruits will attempt to deliver the next business day and in some cases may deliver the day before the inclement weather. If delivery is not possible because of weather Pueblo Fruits will offer a refund.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the Products arrive in a cool condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which there is dairy, meat, some higher moisture cheeses, refrigerated eggs or diced/chopped produce is 40° F or below. In the event that such temperature zone is above 40° F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the USDA instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
16. Payment & Billing Information
You represent and warrant that you are authorized to use the selected payment method and you authorize Pueblo Fruits and their payment processing company to complete your transaction with the designated payment you provided. If your payment is not successful Pueblo Fruits may not process your order nor deliver. You must have completed your payment for the delivery of your order to be made. You may log onto your account at any time to change your payment info but please contact Pueblo Fruits to make sure your completion was done in time to not interrupt your delivery. Your amount billed may reflect promotional offers, changes in market price, substitutions, and changes you make in your order. You authorize Pueblo Fruits to charge your payment method to reflect these changes.
17. Product Descriptions.
Our desire is that all product descriptions are accurate however there can be discrepancies in color, size, weight, or variety that you receive.
18. Prohibited Uses.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
No Resale - Pueblo Fruit is not setup for you to resell or distribute our products without written consent.
Effective Date: November 10, 2020. Effective in United States