Terms and Conditions –

Last Updated:  October 21, 2023.

WELCOME TO GOLDBERGS FINE FOODSFINEFOODS.COM. Goldbergs Fine Foods Fine Foods.com Services, Goldbergs Fine Foods Group, LLC, and/or its affiliates (“Goldbergs Fine Foods”) provide certain website features and other products and services to you when you visit or shop at Goldbergs Fine Foods Fine Foods.com, use Goldbergs Fine Foods products or services, use Goldbergs Fine Foods applications for mobile, or use software provided by Goldbergs Fine Foods in connection with any of the foregoing (collectively, “Goldbergs Fine Foods Services”). By using the Goldbergs Fine Foods Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to all of the following conditions.

PLEASE READ THESE CONDITIONS CAREFULLY.

We offer a wide range of Goldbergs Fine Foods Services, and sometimes additional terms may apply. When you use a Goldbergs Fine Foods Service (for example, Your Profile, Gift Cards, or Goldbergs Fine Foods applications) you also will be subject to the guidelines, terms and agreements applicable to that Goldbergs Fine Foods Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. The Other general Terms and Conditions described below are incorporated into each Goldbergs Service or Product and the use of this WebSite.  Goldbergs presently offers Goldbergs Services only to residents  of the States of Georgia, Florida and Tennessee, US.

PRIVACY.  Please review our Privacy Notice, which also governs your use of Goldbergs Fine Foods Services, to understand our practices.

YOUR ACCOUNT.  You may need your own Goldbergs Fine Foods account to use certain Goldbergs Fine Foods Services, and you may be required to be logged in to the account.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Goldbergs Fine Foods does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Goldbergs Fine Foods Services (including a Gift Card) only with involvement of a parent or guardian.  You must be at least 21 years of age to purchase alcohol (where available). Goldbergs Fine Foods reserves the right to refuse service, terminate accounts, terminate your rights to use Goldbergs Fine Foods Services, remove or edit content, or cancel orders in its sole discretion.

Gift Card Terms and Conditions.

Gift Cards-General TermsThese Goldbergs Fine Foods Fine Foods Gift Card Terms and Conditions (“Terms and Conditions”) apply in addition to the Terms of Use and Privacy Policy set forth on the Goldbergs Fine Foods Fine Foods.com website, which are expressly incorporated herein. For purposes of these Terms and the term “Goldbergs Fine Foods Fine Foods” shall be interpreted broadly encompass Goldbergs Fine Foods Fine Foods Stores within Georgia, USA, and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, employees, and agents.

Nonreturnable; not for resale.  Notwithstanding anything contained in these Terms and Conditions, Goldbergs Fine Foods Fine Foods plastic Gift Cards and eGift Cards (“Goldbergs Fine Foods Fine Foods Gift Cards”) are not returnable or refundable for cash except in states where required by law. Any Resale of Goldbergs Fine Foods Fine Foods Gift Cards is strictly prohibited.

Liability. The balance on any Gift Card is solely the liability of Goldbergs Group, LLC.

Use of the Gift Cards. In addition to the limitations and disclosures on the face and reverse of the Gift Card, each of the following usage term apply:   Check your balance on a Goldbergs Gift Card at the following WebSite: www.getyourbalance.com

Protect this card as you would cash. The Goldberg’s Gift Card is reloadable. Not redeemable for cash except where required by law.  The Goldbergs Gift Card is valid for use at one of Goldbergs Georgia, US locations (except Airport locations), and is good for food and beverage purchases only.   The Goldbergs Gift Card Cannot be used to pay for private catering events by Goldbergs or any Affiliate.

The Goldbergs Gift Card is Valid only at Goldbergs Fine Foods, and Goldbergs Bagel & Deli Company, restaurants in Georgia, US. Not valid at airport locations.

After 1 year of inactivity, each gift card is subject to dormancy and non-use administrative fees of $2.50 per month.

Goldberg’s reserves the right to decline e-gift cards from unauthorized sellers, including auction sites. This e-gift card may be placed on hold or rejected if fraud is suspected. Protect this e-gift card: you are responsible if it is lost or stolen. Lost or stolen e-gift cards will only be replaced with proof of purchase and only for the value shown on our records. The physical e-gift card is issued by Goldberg’s Group, LLC and is required for all inquiries.

Acceptance locations.  Unless other restrictions apply, Goldbergs Fine Foods Fine Foods Gift Cards may be used at any Goldbergs Fine Foods Fine Foods store or Goldbergs Fine Foods Bagel & Deli location in Georgia, USA; or on-line at Goldbergs Fine Foods Fine Foods.com.

Not for promotional use.  Goldbergs Fine Foods Fine Foods Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). If you desire to order more than 50 cards, please email giftcards@Goldbergs Fine Foods Fine Foods.com and an associate will contact you by the next business day, or call us at (404) 465-1100 Monday-Friday, 7:30 a.m. to 5 p.m (ET).

No affiliation with Goldbergs Fine Foods Fine Foods.  Use of Goldbergs Fine Foods Fine Foods’s name (or that of Goldbergs Fine Foods Bagel Company & Deli), logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Goldbergs Fine Foods Fine Foods Gift Cards is strictly prohibited. Furthermore, the use of Goldbergs Fine Foods Fine Foods Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Goldbergs Fine Foods Fine Foods or any of its subsidiaries or affiliates is prohibited.

Compliance with laws.  By purchasing Goldbergs Fine Foods Fine Foods Gift Cards, you are certifying and representing to Goldbergs Fine Foods Fine Foods that the activities in connection with which the Goldbergs Fine Foods Fine Foods Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Goldbergs Fine Foods Fine Foods Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Goldbergs Fine Foods Fine Foods.  In addition, you agree to defend and indemnify Goldbergs Fine Foods Fine Foods Stores, Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Goldbergs Fine Foods Fine Foods Gift Cards or violation of any of these Terms and Conditions.

Lost or Stolen Gift Card.  Lost or stolen cards will not be replaced. Neither Goldbergs Fine Foods Fine Foods.com nor Goldbergs Fine Foods Group LLC shall have liability to you for (i) lost or stolen Goldbergs Fine Foods Fine Foods Gift Cards or (ii) use of any Goldbergs Fine Foods Fine Foods Gift Cards by third parties through your Goldbergs Fine Foods Fine Foods.com account. You are solely responsible for keeping the password for your Goldbergs Fine Foods Fine Foods.com account safe and for any activity conducted under your account.

Saving Goldbergs Fine Foods Fine Foods Gift Card Information and Viewing Balance Terms and Conditions

Saving Goldbergs Fine Foods Fine Foods Gift Card Information.  Only five Goldbergs Fine Foods Fine Foods Gift Cards (plastic and/or eGift Cards) can be saved to your account at any given time. Goldbergs Fine Foods Fine Foods Gift Cards you have NOT saved may be used, but you will be required to enter the Goldbergs Fine Foods Fine Foods Gift Card number and PIN at the time of purchase.

No Consolidation for New Goldbergs Fine Foods Fine Foods Gift Card.  You may not consolidate or combine multiple Goldbergs Fine Foods Fine Foods Gift Cards to purchase a new Goldbergs Fine Foods Fine Foods Gift Card. Goldbergs Fine Foods Fine Foods.com does not consolidate or combine multiple gift cards into one gift card per customer requests.

Saving Goldbergs Fine Foods Fine Foods Gift Card Information Does Not Redeem Card.  Saving Goldbergs Fine Foods Fine Foods Gift Card information to your account does not redeem the value of the Goldbergs Fine Foods Fine Foods Gift Card. Saving the information makes the Goldbergs Fine Foods Fine Foods Gift Card available for selection without entering the Goldbergs Fine Foods Fine Foods Gift Card number and PIN at the time of a purchase. It also allows you to more quickly check the available balance on the Goldbergs Fine Foods Fine Foods Gift Card.

Saving Goldbergs Fine Foods Fine Foods Gift Card Information Does Not Limit Card to Use Online.  Saving a Goldbergs Fine Foods Fine Foods plastic Gift Card to your Goldbergs Fine Foods Fine Foods.com online account does not limit you to using the Goldbergs Fine Foods Fine Foods Gift Card online. You can use Goldbergs Fine Foods Fine Foods and Sam’s plastic Gift Cards and eGift cards at any retail or other format of Goldbergs Fine Foods Fine Foods Inc. in the U.S.

Goldbergs Fine Foods Fine Foods Gift Card Balance is an Estimate.  The balance you see when viewing Goldbergs Fine Foods Fine Foods Gift Card balances online or receive by calling (404) 465-1100  is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online or in stores, but there may be occasions when the updated balance is delayed for a period of time. You can also view the Goldbergs Fine Foods Fine Foods Gift Card’s transaction history to see if all the transactions for the Goldbergs Fine Foods Fine Foods Gift Card are listed.

Disclaimer of Warranties and Limitation of Liability.  THE GOLDBERGS FINE FOODS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOLDBERGS SERVICES ARE PROVIDED BY GOLDBERGS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOLDBERGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GOLDBERGS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOLDBERGS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GOLDBERGS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, GOLDBERGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOLDBERGS DOES NOT WARRANT THAT THE GOLDBERGS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOLDBERGS SERVICES, GOLDBERGS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GOLDBERGS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, GOLDBERGS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GOLDBERGS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GOLDBERGS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law.  The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Georgia, US without regard to principles of conflicts of laws.  If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.

Updates to Terms and Conditions.  These Goldbergs Fine Foods Fine Foods Gift Card Terms and Conditions were last updated on the date set forth above. Goldbergs Fine Foods Fine Foods may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes.  In the event of a conflict between these Terms and Conditions and the Goldbergs Fine Foods Fine Foods.com Terms of Use, these Terms and Conditions will govern.

[End of Gift Cards Terms and Conditions]

Other Goldbergs Fine Foods Services Terms and Conditions.

ELECTRONIC COMMUNICATIONS.   When you use Goldbergs Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Goldbergs Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT. All content included in or made available through any Goldbergs Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Goldbergs or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Goldbergs Service is the exclusive property of Goldbergs and protected by U.S. and international copyright laws.

TRADEMARKS.  Click here to see a non-exhaustive list of Goldbergs trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Goldbergs Service are trademarks or trade dress of Goldbergs in the U.S. and other countries. Goldbergs’s trademarks and trade dress may not be used in connection with any product or service that is not Goldbergs’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Goldbergs. All other trademarks not owned by Goldbergs that appear in any Goldbergs Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Goldbergs.

LICENSE AND ACCESS.  Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Goldbergs or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Goldbergs Services. This license does not include any resale or commercial use of any Goldbergs Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Goldbergs Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Goldbergs or its licensors, suppliers, publishers, rightsholders, or other content providers. No Goldbergs Service, nor any part of any Goldbergs Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Goldbergs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Goldbergs without express written consent. You may not use any meta tags or any other “hidden text” utilizing Goldbergs’s name or trademarks without the express written consent of Goldbergs. You may not misuse the Goldbergs Services. You may use the Goldbergs Services only as permitted by law. The licenses granted by Goldbergs terminate if you do not comply with these Conditions of Use or any Service Terms.

SITE POLICIES, MODIFICATION, AND SEVERABILITY.  Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Goldbergs Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Goldbergs Fine Foods

c/o Goldbergs Group, LLC.

3301 Windy Ridge Pkwy, SE

Suite 500

Atlanta, GA 30339

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Goldbergs accepts service of subpoenas or other legal process only through Goldberg’s Legal Department at the address below. Subpoenas or other legal process may be served by sending them to the following address:

Goldbergs Fine Foods

c/o Goldbergs Group, LLC.

3301 Windy Ridge Pkwy, SE

Suite 500

Atlanta, GA 30339

Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Goldbergs devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent

Goldbergs.com Legal Department

Goldbergs Group, LLC.

3301 Windy Ridge Pkwy, SE

Suite 500

Atlanta, GA 30339

 phone: (404) 465-1100

e-mail: LegalNotice@Goldbergs.com

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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