Pickup and Delivery

Terms & Conditions of Use

Effective date: 1/27/2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

This Harris Teeter website (“Site”) is part of The Kroger family of companies (“Kroger”), and offers online ordering services for our customers.

These Terms and Conditions of Sale (“Terms”) govern your use of the service (“Service”), whether you access the Service through our Site or via a mobile application. Please note that certain features will be different between the mobile application and web-based site.

When you register for and use the Service, you agree to the Terms in effect at that time as well as the Site Terms of Use and our Privacy Policy, all of which are incorporated by this reference. We may update or change the Terms, the Site Terms of Use and our Privacy Policy from time to time to reflect changes in our business.

1. YOUR ACCOUNT. In order to use the Service you are required to register for a digital account on the Site. When you register for the Service, you will be asked to provide certain information such as your ZIP Code, a preferred local store, email address, first and last name, and your Harris Teeter VIC card number or your alternative ID (such as your phone number). You will be given the option of storing payment card information for your account. You will also be able to select a password to protect access to your account. You will be given the option to receive promotional communications from us and to allow us to use your Site purchase history and browsing history.

Please keep your log-in information confidential. Any order we receive using your log-in information will be considered to be authorized by you. Please notify us at the number below if you lose your log-in information or it is being used by an unauthorized person. You can change your password by visiting the My Account page. If you forgot your password, click “Forgot your password?” at the sign-in page and follow the instructions to reset it.

2. ELIGIBILITY. You must be 18 or older to use the Service. However, there may be certain items, like tobacco products and alcoholic beverages, for which you must be 21 or older to purchase, depending on local law. For these items, we will require a signature at the time of pick up or delivery (as applicable) and proof of age via a valid, governmentally - issued photo ID, such as a state-issued driver’s license or U.S. Passport.

3. TERMINATION OF YOUR ACCOUNT. You can terminate your account at any time by contacting us at the information set forth in Paragraph 18 below. We may terminate your account without notice in the event we believe in good faith that you have violated these Terms or any other posted policies on the Site.

4. USING THE SERVICE. By placing an order on the Site to utilize the Service, you are offering to purchase the products you have selected. Our acceptance of the offer occurs at the time we deliver your order to you at pickup at your preferred local store, or, if your local store offers home delivery, at the time we prepare your order for delivery on the day delivery is scheduled. We will send you an electronic communication acknowledging receipt of your order including the items and quantities you selected, as well as an email reminding you of your pickup time.

4.1 Payment and Cancellation. Your payment card will be charged the amount of your order upon pickup at your preferred local store or, if your local store offers home delivery, on delivery to you (see Paragraph 5 below regarding possible product price changes). You can change your order, such as adding products or deleting products from your order list, or cancel the entire order, until 11:59 p.m. local time of the day before the scheduled pickup (or delivery) time. We reserve the right to cancel any order if we believe that a fraudulent or abusive order has been placed.

4.2 Taxes, Fees and other Charges. You will be charged sales taxes and governmental fees based on your location. These include, but are not limited to sales taxes, bottle deposits, bag fees (if any), and any other governmental charges (collectively, “Government Fees”). You will also be charged a Service Charge or Delivery Fee as indicated in Paragraph 12 below. The amount of the Service Charge or Delivery Fee is set forth on the Checkout page of the Site, and will appear on your final receipt. The amount of any Government Fees will not appear on the Checkout page because the prices listed at checkout are estimates, but such Government Fees will appear on your final receipt.

4.3 Minimum Purchase. No minimum purchase is required to use the Service.

4.4 Product Quantity Limits. We reserve the right to limit the quantity of a product you select. Where possible, limitations will be stated on our Site.

4.5 Geographic Limitations. The Service is only available at select stores. To find the nearest participating store, click on the “Find a Store to Shop” link on the Site. Other Harris Teeter affiliates may also provide the Service closer to you – please check your local Harris Teeter affiliate operator’s website for more detail.

4.6 Receiving your Order.

4.6.1 Picking up your Order. When you place your order, you will be prompted to select a one-hour pickup

window. You order will be processed, packed and ready for pickup during that timeframe. When you arrive at your selected store, follow the directions for the Pickup Area. If necessary, a phone number to reach a store associate will be provided in the Pickup Area. A store associate will then bring your order to your vehicle. You will be notified at that time whether any items were not available and whether substitutions have been made. You can reject substitutions at that time by notifying the store associate. Please present any valid paper coupons to the store associate for processing as well. You must present your governmentally-issued photo identification and the payment card used for your order. If possible, please have a secondary credit card with you in case your original payment method was rejected.

4.6.2 Home Delivery. If your local store offers home delivery you will be prompted to select a delivery window during the checkout process. Your order will be selected and packed by us and picked up by one of our delivery partners who will deliver it to your designated delivery address. If there are substitutions or unavailable items in your order, your receipt, presented to you by the delivery service, will reflect any substitutions or unavailable items. If you do not want to accept the substituted items you can return them to your local store in keeping with our Return Policy set forth in Section 16 below. Unfortunately we cannot accept paper coupons on delivery orders. If you have ordered age-restricted items, like alcoholic beverages or tobacco products, an adult of appropriate age will be required to be present to receive the delivered order and sign for it.

4.6.3 Attended Delivery. For orders delivered to your home that include products that can only be purchased by adults, such as alcoholic beverages or tobacco products, a person of legal age must be present to receive the order. A signature and age verification documentation will be required. For home delivery, if no one is present at the time delivery is attempted and access to your doorstep is not available, the order will be returned to us and a credit issued.

4.6.4 Unattended Delivery. Most orders shipped or delivered to your home can be delivered without the need for a signature. Deliveries are made to the doorstep of the address you provide. Access to the doorstep is required.

If you select some items for pickup and some for delivery you will be charged multiple service charges – one for each method of delivery.

4.7 Loss or Damage. For unattended Delivery orders we are responsible for loss of damage to the products to be delivered up until the time they are deposited at your doorstep. Once they have been delivered you are responsible for protecting the shipment. For example, we are not responsible if the delivered products are stolen from your doorstep after we make delivery. For Pickup and attended Delivery orders, we are responsible for the items you have ordered until they are tendered to you at the store’s pickup location or at your doorstep in the case of attended Delivery or unattended Delivery where access to your doorstep is available.

4.8 Telephone Orders. In some locations, telephone orders are accepted; check with your local store. 5. PRICES.

5.1 Estimated and Final Prices. Prices for products shown on the Site on the date you submit the order may differ from the prices for the same products at the time you receive your order, due to product price changes, coupons, substitutions, taxes and governmental fees (if applicable), weighted items, local promotions, weekly ad price changes (typically beginning at 12:01 a.m. on Wednesdays and ending at 11:59 p.m. on Tuesdays local time), and other reasons. As such, your total at the time you submit your order is only an estimate, and you'll be charged a final updated total (including any applicable Loyalty Card discounts, promotions, coupons (if available), substitutions, service fees, taxes and governmental fees) on the date you pick up your order (or the date your order is delivered, if available). The final price you pay is the price for the products you receive on the day you pick up your order (or the date your order is delivered, if available), not the price on the day you place your order (unless both occur on the same day). For more information about our payment process, visit the FAQ of the Site.

5.2 Loyalty Card Prices. If your Loyalty Card or alternative ID are linked to your account for the Site, your final price at pick up will automatically include any discounts offered to our Loyalty Card members as of the date of pickup (or the date your order is delivered, if available) as well as any valid digital coupons that you have linked to your Loyalty Card account.

5.3 Products Sold by Weight. If you order an item that is sold by weight you will be charged based on the actual weight of the product packed for your order. We will try to match your desired product weight as best we can. Where we cannot be exact, we will err on the side of providing slightly more, not less, product weight than you ordered.

5.4 Substitutions. See Paragraph 7 below for our substitution policy.

6. EARNING FUEL REWARD POINTS. If your Loyalty Card or alternative ID are linked to your account for the Site, you will automatically receive fuel reward points upon pickup of your order in accordance with your Loyalty Card’s fuel rewards program.

7. PRODUCT AVAILABILITY AND SUBSTITUTIONS. While we try to update our Site when products are not available or are in limited supply, we cannot guaranty that the product you order, or the quantity you order will be in stock and available at the time your order is processed. We may revise and discontinue products at any time and are not responsible for typographical errors or misprints. At the time you place your order you will be given the opportunity to choose whether substituted products are acceptable in the event the product you order is temporarily out of stock or limited in quantity. You can also tell us not to make substitutions, in which case the unavailable product will not be included in your order. In the event the quantity you ordered is not available, we may elect to provide the available quantity along with some substituted product depending on your preference.

If we make a substitution to your Pickup order, you may reject such substitution at pickup by notifying the store associate handling your pickup (provided, however, any substitutions you reject for Delivery orders must be returned by you to your local store for credit). If you accept the substitution, you will be charged the lower of the price of the item you ordered or the price of the substituted item; substitutions will not increase the cost of your order.

8. PROMOTIONAL OFFERS AND COUPONS. We accept valid digital and paper coupons for all Pickup orders when you pick up your order, but not for Delivery orders. This includes loyalty coupons, manufacturer’s coupons and special store coupons. Please present your valid paper coupons and non-Harris Teeter digital coupons to the associate when you pick up your Pickup order. Digital coupons linked to your Loyalty Card are automatically applied to your order.

9. RAIN CHECKS. Rain checks are not issued or accepted in connection with orders placed through the Service.

10. PARTICIPATION IN COMMUNITY PROGRAMS. If you have linked your Loyalty Card registered to your account via Community Rewards, your Pickup or Delivery purchase will count towards the charity you have selected. Please read out FAQs for Community Contributions available here.

11. PAYMENT.

11.1 Credit and debit cards, and EBT (authorized stores only), accepted for payment. At the time you complete your order, we will require you to provide a valid, accurate and complete credit or debit card number, expiration date and security code along with the name on the card and the billing address and telephone number associated with the card, or applicable EBT information. Cash, checks, and Gift Cards cannot be accepted for Pickup and Delivery transactions. We are unable to accept WIC as payments for Pickup and Delivery surcharges or fees (if any). We accept Visa, MasterCard, Discover and American Express credit cards and debit cards that bear a Visa or MasterCard logo.

11.2 Estimated total at checkout. Please note that when you place your order you will see an estimated total at checkout. The posted online prices reflect the product price on the day you place your order. As previously stated in Paragraph 5, some prices may change between the time you place your order and the time we process it for delivery or pickup. For instance, if an item is offered on a temporary discount when you place your order and the discount period ends before we process your order, you will be charged the regular, non-discounted price. If your selected item goes on sale after you place your order and is still on sale on the date your order is processed for delivery or picked up, you will be charged the sale price. If you order a product sold by weight, we will estimate the price at checkout but will charge you the price based on the actual weight of the item selected. If you permit us to substitute products for items you have selected that are not available, you will be charged according to the substitution policy above. Sales taxes and government fees (such as bottle deposits or bag fees, if applicable) are not shown in the estimated total at checkout but will be shown on your final receipt at pickup or delivery, as applicable.

11.3 Final Payment, Confirmation and Receipts. Once your order is packed and ready for pickup (or delivery if delivery is available from your selected store) we will charge your payment card for your purchase. The final price will reflect price adjustments for discounts, substitutions, taxes, shipping charges and government fees (such as bottle deposits, bag fees, etc. if applicable). If you choose to reject substituted items you can notify the attendant who will remove them from your order and apply a credit to your payment card. At the time you pick up your order, if you have paper coupons, please hand them to the attendant and you will receive credit for those coupons (paper coupons are not accepted for Delivery orders).

You will be provided a receipt that details all items delivered to you along with any service charge, delivery charge, sales taxes, government fees (such as bottle deposits or bag fees, if applicable) weight of items sold by weight, credits for coupons or other discounts and the total charged to your payment card.

12. SERVICE CHARGES AND OTHER FEES. You will be charged a service charge reflected on the checkout page for curbside pickup orders once you select your pickup time. This charge is based in part on your location and in part on the time of your scheduled pickup. During busier times the service charge may be higher than during less busy times.

If your store participates in a home delivery program, you may be offered the choice of having your order delivered to your home or to pick up your order. Check with your local store to see whether delivery is available. You will be charged a delivery fee for orders delivered to you. This charge is based on a number of factors including your location/ distance from the store, the partner or other service making the delivery and the time of your scheduled delivery.

Bag Fees. In some locations local law requires that we charge a fee for any bags that we provide (for example, ten cents per bag in California), subject to governmentally-mandated exceptions.

13. SALES TAXES. Sales taxes are calculated based on the actual order received at pickup or delivery, and may vary by location depending upon local law.

14. TAX EXEMPT ORDERS. If you are purchasing for a tax exempt organization, please contact the manager at your local store to provide documentation required for tax exempt services.

15. MISSING PRODUCTS. If any product in your order for which you have paid is missing from the items you received please contact the store from which you picked up or placed your order, the address and telephone number of which appears on the receipt you receive with your order and/or by email. At the store’s option the missing items will be made available to you for pickup or will be delivered to you instead of offering you a refund. Refunds will be credited to the payment card used to purchase the order.

16. RETURN POLICY. We offer refunds, store credits, and exchanges for in-store, Pickup, Delivery and other Harris Teeter e- commerce services. If you discover a problem after you receive your order, you can return any wrong or unacceptable item directly to your local store or contact us by phone at (1-800-432-6111) or send us a message by clicking here. Proof of purchase may be required. We reserve the right to refuse returns for expired or consumed items, where abuse or fraud is suspected, and/or if prohibited by applicable law.

17. YOUR SATISFACTION. If you have questions or you’re not 100% satisfied with your order, please call our Customer Service line at (1-800-432-6111), Monday through Friday, 8:30am to 6pm, and Saturday10:00am to 2:00pm EST except federal holidays.

18. COMMUNICATIONS.

Contacting You. When you register for the Service, we require that you provide a valid and current email address and/ or telephone number. You authorize us to contact you, including through the use of autodialed or recorded voice technology, using that email address or any telephone number you provide in connection with your account regarding any of your orders or the associated delivery or in case of suspected fraud. We may also contact you in the event your delivery is delayed or otherwise impacted by inclement weather or other circumstances beyond our control. Contacting Us. You can contact us toll-free at (1-800-432-6111), Monday through Friday, 8:30am to 6pm, and Saturday10:00am to 2:00pm EST except federal holidays. To give us written notice please contact us at Harris Teeter LLC Attn: Customer Relations. PO Box 10100 .Matthews, NC 28106-0100.

19. GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION.

19.1 RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and Harris Teeter arising out of or relating in any way to the Terms, the Service, your purchase of the products, or use of the products must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

19.2 WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED IN PARAGRAPH 19.1 ABOVE, AND TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY.

19.3 LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under Ohio’s Unfair and Deceptive Trade Practices Act, California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, and any other state consumer protection laws.

19.4 ARBITRATION PROCEDURES.

Before commencing any arbitration proceedings under the Terms, you must first present your claims or disputes to Harris Teeter by calling (1-800-432-6111) and asking for the customer service department and allowing Harris Teeter the opportunity to resolve the claims or disputes. If your claims or disputes are not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Terms.

The arbitration of any claim or dispute hereunder shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures, which are available by calling the AAA, at 1-800-778-7879, or by visiting its web site at www.adr.org.

The arbitration of any claims or disputes hereunder shall be conducted in the State of Ohio.

All administrative expenses of arbitration proceedings commenced hereunder shall be paid by Harris Teeter.

19.5 ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys’ fees provision a part of any statute under which you may bring a claim.

19.6 CHOICE OF LAW. Your purchase of the products and the Terms shall be governed by the United States Federal Arbitration Act and the laws of the state of Ohio. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.

19.7 OPT-OUT. You may opt-out of paragraphs 19.1, 19.2, 19.3, and 19.4 herein by sending a notice (“Rejection Notice”) to Harris Teeter no later than sixty (60) days after your receipt of the products ordered via the Service. You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to Harris Teeter at Attn. Customer Service, PO Box 10100 Matthews, NC 28106-0100. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming Harris Teeter received the Rejection Notice within sixty (60) days. You may opt out of these Terms in their entirety by returning the products ordered via the Service UNUSED to Harris Teeter at the address listed in this paragraph within fourteen (14) days and requesting a full refund.

20. APPLICABLE LAW; NOT FOR RESALE. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for you own personal use only, and not for resale.

21. NOTICE TO CALIFORNIA CUSTOMERS. If you have a complaint or question regarding the Sites, please contact us by phone toll-free at (1-800-432-6111), Monday through Friday, 8:30am to 6pm, and Saturday10:00am to 2:00pm EST except federal holidays. For your reference, the Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

22. NOTICE TO NORTH CAROLINA CUSTOMERS. By using the Service, you are affirmatively consenting and have not withdrawn your consent to completing your grocery transaction by electronic means. You may withdraw this consent by not completing the grocery order online, however, we cannot deliver groceries (or prepare an order for pick up, where that service is offered) unless the order is completed online. You have the right to receive a paper record of your transaction. The paper copy will be delivered with your order, or you many request a replacement copy within 30 days by contacting by us by phone toll-free at (1-800-432-6111), Monday through Friday, 8:30am to 6pm, and Saturday10:00am to 2:00pm EST except federal holidays. You can update your contact information at any time by accessing your Account profile.

23. ENTIRE AGREEMENT. The terms set forth herein along with the Terms and Conditions of Use of the Website, the terms of any order you may submit through the Service, and any other terms to which a link is provided in these Terms, shall be the sole terms of the agreement between you and us regarding your use of the Service.

24. HEADINGS. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.