Policies

Terms and Conditions, Privacy Policy, & SMS Policy

PEAPOD TERMS AND CONDITIONS OF USE

Welcome to Peapod! Please read these terms and conditions before you use our website or mobile application as they form a legal agreement ("Agreement") between you and Peapod, LLC ("Peapod"). If you access or shop on Peapod.com, use our Peapod Mobile® app or otherwise use Peapod Services, you agree to these terms and conditions. If you do not agree, please do not use Peapod Services.

PEAPOD SERVICES

Peapod offers online grocery shopping and delivery services to persons who are at least 18 years old and who are registered users ("Peapod Services"). You can register for Peapod 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 (debit or electronic check) 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 Peapod Services.

OUR GUARANTEE

Your complete satisfaction is our number one goal. If for any reason you are dissatisfied with a product in your order, please call our Customer Care Department at 800-573-2763 and a representative will be happy to assist you. You have up to 7 days after delivery, or until the expiration date printed on the product — whichever is earlier — to contact us for resolution. Peapod may require the return of products prior to issuing a credit. Some exceptions may apply.

If you are missing a product which is not noted as out of stock, you have 48 hours from the time of delivery to notify Peapod Customer Care for a full refund. This is not applicable to alcoholic products - the driver must be notified at the time of delivery.

PRICES AND PAYMENT

Prices of items offered on Peapod.com or the Peapod Mobile® app may differ from the prices of like items sold in the supermarkets with which Peapod is affiliated (currently, Stop & Shop and Giant (Maryland) and Giant (Pennsylvania). 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 Peapod fee schedule which can be accessed online. When you place an order, Peapod 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 Peapod fee schedule (including fees or charges for returned checks, electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), Peapod may charge such amount directly to the credit card identified in your Customer Registration Data. Peapod reserves the right to establish a spending limit for your account. Your right to use the Peapod 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 Peapod 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. 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. If your order contains alcoholic beverages, that person must be at least 21 years old and must be able to verify age with a valid United States government issued identification. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order. If we 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. In the event Peapod misses a delivery or pickup time, Peapod agrees only to make the delivery at a later agreed time at no additional charge.

In some areas, you may choose our "Unattended" delivery option. If you choose this option, your order will be left unattended at your designated delivery address. Orders containing alcoholic products cannot be left unattended. Peapod is not responsible for damage or theft to an unattended delivery if you selected that option. We reserve the right to refuse to leave an order unattended if our driver considers the circumstances to be unsuitable or unsafe. During severe weather conditions (extreme heat or cold), choose a safe and protected area for your unattended delivery. If no such area is available, please choose our attended delivery service.

PICK-UP

In some areas, you may be able to pick up your order yourself at a designated pick-up location. 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/or transported or orders not picked up during your selected time frame.

Your order will be carefully packed and delivered to the site in special insulated totes to maintain the cold chain 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.

PURCHASE OF ALCOHOLIC BEVERAGES

Peapod complies with state and federal laws regarding the sale and delivery of alcoholic beverages. The legal age to purchase alcoholic beverages is 21. No one under 21 may place, receive or pick up an order that includes alcoholic beverages. Anyone attempting to receive or pick up an order that contains alcoholic beverages must present a valid United States government issued identification verifying that they are at least 21. We will not allow anyone who appears to be intoxicated to receive any orders containing alcoholic beverages. In addition, if our delivery driver suspects that alcoholic beverages are intended for consumption by persons underage, he or she will remove the alcoholic beverages from the order. Please note that alcoholic beverages are not available in all areas.

THIRD PARTY INFORMATION PROVIDERS AND MERCHANTS

By using the Peapod Service, you may be permitted to order and receive products, information, and services from businesses which are not owned or operated by Peapod. 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. Peapod 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 Peapod Service.

PROPERTY RIGHTS

Copyright

All content on Peapod.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Peapod©1990 - 2015, Peapod, LLC ALL RIGHTS RESERVED, or its content providers. Peapod authorizes you to view, electronically copy and to print in hard copy portions of Peapod.com and the Peapod Mobile® app 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 Peapod.com or on the Peapod Mobile® app, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of Peapod is strictly prohibited. Peapod reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Peapod.

Trademarks

"Peapod", "Peapod Mobile", "Peapod in Your Pocket", "Smart Shopping For Busy People", "America's Internet Grocer", "peapod.com", "Your Personal Grocer & More", "Shop Smarter. Shop Peapod.", "Shop Smarter. Anywhere.", "1-800-5-PEAPOD", all Peapod logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Peapod or otherwise proprietary to Peapod 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 Peapod.com or the Peapod Mobile® app are the property of their respective owners.

Patents

One or more patents apply to this site and to the features and services accessible via this site, including without limitation: U.S. Patent No. 6,990,460 B2.

YOUR ACCOUNT PASSWORD

Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Peapod 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 Peapod Service until you notify Peapod of the unauthorized use, loss or theft.

COMMUNICATIONS TO CUSTOMERS REGARDING ORDER STATUS

On occasion, Peapod may contact customers regarding order delivery, including but not limited to delays or cancellations. Please be aware that Peapod uses an automated calling system to do so. This system is programmed to contact you with a pre-recorded message or update at the delivery telephone number you provided in your account delivery information section when you submitted an order using the Peapod Service. Peapod is not responsible for inaccurate account delivery information entered by the user, data errors or telecom carrier technical difficulties.

In some areas, you may choose to receive a text-ahead message or email alert for notification of pending delivery. Peapod is not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond its control.

COUPON REDEMPTION

Peapod accepts valid manufacturer coupons only. Coupon credit is applied subject to validation and coupon purchase requirements. Peapod does not process counterfeit or illegally reproduced coupons and we do not accept competitors' coupons. Non-eligible coupons will not be returned to you.

UNAUTHORIZED USE

From time to time, Peapod 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 unauthorized and fraudulent use. You will be liable for damages caused by such unauthorized and fraudulent use and Peapod 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 PEAPOD SERVICE

Peapod may at any time change any of the terms of this Agreement or the Peapod fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Peapod Service. If Peapod makes material changes to this Agreement or changes to the Peapod fee schedule, Peapod will provide notice to you in a manner provided in this Agreement. Your use of the Peapod Service after any such change will be conclusively deemed acceptance of such change. Peapod may discontinue or revise any or all aspects of the Peapod 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 an 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 Peapod Service and terminate this Agreement.

DISPUTES

Any dispute or claim relating in any way to your use of Peapod Services, Peapod.com or any product or service ordered or purchased through Peapod.com will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify. Accordingly, you agree to give up your right to go to court to assert or defend your rights under this Agreement. 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 801 Stevenson Dr, Springfield, IL 62703. 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 with 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 misuses of intellectual property rights.

ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, scraper or other automated means to access Peapod.com or the Peapod Mobile® app for any purpose without our express written permission. Additionally, you agree that you will not 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 Peapod Services; or (iv) bypass any measures we may use to prevent or restrict access to our sites.

TERMINATION

Peapod may suspend or terminate your access to the Peapod Service at any time for any reason with or without notice to you. You may terminate your Peapod Service at any time for any reason by delivering the 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 Peapod Service for any reason, you will not be entitled to a refund of any fees. Peapod reserves the right to collect fees and charges incurred before you cancel your Peapod 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 Peapod. Peapod uses Verisign or a similar service at Peapod'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. Peapod 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 Peapod Service or as described below. Peapod makes reasonable efforts to protect your personal information once we receive it. However, due to the inherent nature of the internet, Peapod cannot and does not guarantee that any data transmitted over the internet, mobile application, or any other network is 100% secure. Therefore, Peapod cannot ensure or warrant the security of any information transmitted to Peapod or from Peapod. As with any internet user, you transmit your personal data at your own risk.

(a) Aggregated Information. Peapod may use aggregated information regarding its customers and usage of the Peapod Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.

(b) Third Party Service Providers. Peapod 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.

(c) Sale of Business. Peapod may transfer Customer Registration Data and other personal information in connection with the sale of Peapod or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.

(d) Enforcement of Agreement or Compliance with Law. Peapod may use or disclose personal information when Peapod believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Peapod or its users or to comply with the law.

Please review a complete statement of our Privacy and Security Policy which also governs your use of Peapod.com and the Peapod Service.

NOTICES

Peapod may give notice to you of a change in this Agreement, a change in the Peapod Fee Schedule, and any other matter by general posting on Peapod.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Peapod by telephone (1-800-5-PEAPOD), by electronic mail (as specified in the "Contact Peapod" section of Peapod.com), or by conventional mail to:

Peapod, LLC

1325 Ensell RoadLake

Zurich, Illinois 60047

Attention: CUSTOMER CARE

LEGAL AND MISCELLANEOUS

(a) This Agreement states your entire agreement with Peapod regarding the use of Peapod.com, Peapod Mobile® app and the Peapod Services. If any portion of this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable.

(b) The failure of either you or Peapod 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 Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Peapod or its Associates or relating in any way to your use of the Peapod Service, Peapod.com or the Peapod Mobile® app resides in the courts of Illinois, and you further consent and agree to personal jurisdiction.

(d) All obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Peapod Service.

(e) Legal Notices to California Customers. California customers are entitled to the following consumer rights information under California Civil Code Section 1789.3:

Pricing Information. The current Peapod Fee Schedule may be obtained by calling Peapod Customer Care at 1-800-5-PEAPOD® Peapod reserves the right to add, delete or change fees or charges at any time upon notice.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CALL PEAPOD CUSTOMER CARE AT 1-800-5 PEAPOD

Peapod Alert Policy - SMS 

Program Name: Peapod Alerts

Program Description: Peapod Alerts updates customers on their order status and receives messages regarding their order delivery. Once the order is delivered, no further messages will be sent.

Alltel, AT&T, Cincinnati Bell, Dobson Cellular Systems, Inter Op, MetroPCS®, Nextel Communications, Sprint PCS, T-Mobile®, U.S. Cellular®, Verizon Wireless, and Virgin Mobile U.S. T-Mobile® is not liable for delayed or undelivered messages. There are no premium charges for joining Peapod Delivery Alerts service. Message and data rates may apply. Message frequency may vary. To opt-out of the Peapod Delivery Alerts, send or text STOP, END, QUIT, CANCEL or UNSUBSCRIBE to 48793. An unsubscribe message will be sent to your number confirming the cancellation, but no more messages will be sent after that one. For support or information about Peapod Delivery Alerts service, send or text HELP to 48793. Optionally, you may email [email protected] or call 800-573-2763.

PRIVACY POLICY

Your privacy is important to Peapod. We want to make you feel comfortable and secure shopping in our store. This privacy policy explains the types of information we gather, how it is protected, what we do with it and how you can correct or change information. By shopping at peapod.com, you are accepting the practices described in this Privacy Policy.

PERSONAL INFORMATION

When you register with Peapod, you provide us with your name, billing and delivery addresses, e-mail address, telephone number, credit card account number and expiration date and bank account information ("Customer Registration Data"). You select a username and password allowing you access to the Peapod Service. Your password should be kept strictly confidential to prevent unauthorized use. While using the Peapod Service, you may give us special shopping and delivery instructions, which we store and use to pick and deliver your order to your specifications.

Peapod also receives and stores certain types of information whenever you interact with us through the use of "cookies." Cookies are identifiers transferred to your computer's hard drive through your Web browser which enable our systems to recognize your browser and to provide you with certain shopping features. These "cookies" allow us to give you customized and personalized service and helps us identify ways to improve your shopping experience.

Cookies are also used to help us track responses to messages sent on behalf of our advertisers so that Peapod may aggregate such information and report results to them. The "help" portion of the toolbar on most browsers will tell you how to reject or disable cookies or receive notice when a new cookie appears. If you choose to reject or disable cookies, you will be unable to use those Peapod Services that require the use of such cookies.

THIRD-PARTY ADVERTISERS

Peapod uses one or more companies to place advertisements for our products and services and those of third parties on our Site and third-party sites. Cookies and other technologies such as Web beacons or tags are used to measure the effectiveness of our ads and to determine the display of content and advertising to you based on your interests both on our site, as well as on third-party sites where you may visit.

To support this interest-based advertising solution, we and companies who we have contracted with may use anonymous information about your visits to our and other Web sites. The information collected and used by this process is always anonymous and does not enable any third-party to identify you individually. If you would prefer not to participate in the services offered through these solutions, you can always opt-out of this activity by visiting the Network Advertising Initiative (NAI) website.

HOW DOES PEAPOD USE YOUR INFORMATION?

Peapod uses your information to provide the Peapod Service and to enhance and personalize your shopping experience. Peapod does not sell personal information about individual customers (such as name, address, e-mail address, credit card information) to third parties, sell or rent lists of customers or use information about individual customers except to provide the Peapod Service or as described below.

(a) Aggregated Information. Peapod may use aggregated information regarding its customers and usage of the Peapod Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.

(b) Third Party Service Providers. Peapod 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.

(c) Sale of Business. Peapod may transfer Customer Registration Data and other personal information in connection with the sale of Peapod or the sale or transfer of its business operations in your geographic area to a third party provider of grocery ordering or delivery services who agrees to be bound by this Privacy Policy until you consent that such information will be governed by the policies and terms of such third party provider.

(d) Enforcement of Agreement or Compliance with Law. Peapod may use or disclose personal information when Peapod believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Peapod or its users or to comply with the law.

HOW MAY YOU CHANGE OR REMOVE YOUR PERSONAL INFORMATION?

You may at any time review and change your personal information stored by Peapod.com by accessing the My Account page at peapod.com or by contacting Peapod Customer Care at 800-573-2763. You may also request that Peapod permanently remove all personal information stored by Peapod at any time by delivering notice requesting such removal in the manner provided in the Peapod Terms & Conditions. Upon such request, Peapod will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your Peapod Service.

SITE SECURITY

At Peapod, we want you to feel safe while shopping with us. That's why we use VeriSign™, the only company focused entirely on digital authentication. VeriSign™ encrypts all of your personal information, including name, address and credit card number, as it travels over the Internet. Once received, your personal information is stored in our secure data center.

PRIVACY AND SECURITY POLICY CHANGES

Peapod reserves the right to change this policy at any time. If Peapod makes a substantial change in the use of your personally identifiable information Peapod will notify you in the manner provided in the Peapod Terms & Conditions. For other policy changes, please check this page periodically. Your use of Peapod.com means that you accept the practices described in this Privacy and Security Policy as changed from time to time.