We welcome you to this website, www.LundsandByerlys.com (“Site”), which is provided and owned by Lund Food Holdings, Inc., d/b/a Lunds & Byerlys (“Lunds & Byerlys,” “we,” “us,” or “our”). Lunds & Byerlys and its affiliates provide products and services to you on the Site subject to these Terms of Use (“Terms”), our Privacy Policy, and our Terms of Sale. If you visit or shop at our Site, you agree to accept and be bound by these policies, which are incorporated herein by reference. 

We ask that you please read these Terms carefully. If you do not accept these Terms, please do not use this Site. From time to time, we may modify these Terms by posting modified Terms on the Site. If you visit or shop at our Site after such modified Terms are posted, you agree to accept and be bound by the modified Terms. Check this page regularly for any modifications of these Terms.

Product and Service Descriptions. 

We make every effort to display accurate pricing, descriptions, and other information on the Site. Nonetheless, from time to time, there may be errors, inaccuracies, or omissions on the Site, including errors related to pricing, delivery windows, and availability.  We reserve the right to correct any such errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 

Pricing Terms. 

For orders placed on the Site (excluding online grocery shopping orders), you will be charged the prices quoted for the products and services at the time you submit your order to us. For orders placed on our online grocery shopping website lundsandbyerlys.com, your order will be charged on the day your order is scheduled for pickup or delivery. The prices on this Site do not necessarily match the prices in our stores. 

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes, fees, or charges for delivery, service-based charges, or shipping and handling. All such taxes, fees and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. 

From time to time, we may offer promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms.  If there is a conflict between the pricing terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept credit and debit cards (Visa, Mastercard, American Express, Discover, Apple Pay and Google Pay for all purchases. You represent and warrant that (i) the credit card information you provide to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees, if any.

Ownership of Intellectual Property. 

We or our content providers own all of the content on our Site, including, without limitation, all software, services, products, resources, information, data, photographs, graphics, video and audio clips, text, images, typefaces, content, and other materials on this Site (the “Site content”).

When using this Site, you may not modify, remove, delete, augment, add to, publish, transmit, post, broadcast, display, create derivative works from, copy, upload, distribute, or in any way exploit any of the Site content, in whole or in part, except as expressly permitted by these Terms. You also must not delete or obscure any notices or attributions contained in the Site content, such as all copyright notices, trademark legends, or other proprietary rights notices. All rights not expressly granted herein are reserved to our content providers and us.

All patents, copyrights, trademarks, trade names, service marks, logos, phrases, designs, trade dress, and other trade identities used on this Site (collectively, the “Intellectual Property”) are proprietary to Lunds & Byerlys or other respective owners that have granted Lunds & Byerlys the right and license to use such Intellectual Property. You may not copy, imitate or use, in whole or in part, any of the Intellectual Property.  No right, title, or interest in or to the Intellectual Property, the Site, or any Site content is transferred to you, and all rights not expressly granted are reserved by us.  All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

User Submissions. 

We are always very happy to hear from our customers. If you send us any content in the form of comments, suggestions, ideas, materials, concepts, questions or other information, these submissions and all the intellectual property rights contained therein (collectively, “Submissions”) shall be deemed and remain our exclusive property without any obligation to acknowledge or use the Submissions or to compensate you. You agree that we shall not be under any obligation whatsoever to return any Submissions. You represent that you own or are authorized to provide the Submissions and that the Submissions will not infringe or violate any third-party intellectual property right, right of publicity or privacy, or any other legal right.  You represent that you will not impersonate any other person or entity, promote any illegal or immoral activity, or participate in any unlawful activity or venture.  You have full responsibility for any content you submit, including its legality, reliability, accuracy, completeness, and appropriateness.  You hereby irrevocably assign to us all of your worldwide rights, interest, and title (including intellectual property rights) in your Submissions and any products, services, derivative works, inventions, or other intellectual property rights based on the Submissions.

You agree that we shall be entitled to the unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without notice or compensation to you or any other third-party. You agree that we shall not be required to treat the Submissions as confidential.

Reliance on Site Information. 

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party manufacturers, suppliers, licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Lunds & Byerlys, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Lunds & Byerlys. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links to Third-Party Websites. 

The Site may contain links to Internet websites provided by third parties.  These links are provided for your convenience only. We have no control over the content of third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to or accessible from this Site, you do so entirely at your own risk and subject to the privacy policies and terms of use for such websites.

User Conduct on the Site. 

This Site is provided to the public for personal use only. Any commercial use of this Site or the products or services offered on the Site is expressly prohibited. You agree to abide by these Terms and all applicable federal, state, local and international laws. You are prohibited from posting on or transmitting through this Site any illegal, obscene, defamatory, abusive, hateful, sexually or racially or ethically discriminatory or otherwise objectionable or harmful material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national, or international law. Furthermore, we will not permit any conduct by you that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying this Site or the Site content and materials. Information posted shall not infringe the intellectual property or other rights of any third parties. You may not alter, modify, forward, or delete information posted by other users. You may not use the Site in any manner that could disable, overburden, damage, or impair the Site.  You may not use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. You may not introduce any device, software, routine, virus, Trojan horse, worm, logic bomb, or other device that is harmful or interferes with the proper working of the Site. You may not interfere with this Site, including but not limited to, unauthorized access of data, attempting to breach the security of this Site, interference with other users or this Site, sending unsolicited email through this site, or damage or disrupt the Site or any associated server. You may not modify, distribute, display, impair, interfere with, or collect Site content or information about others, including without limitation, others’ email addresses or personal information.  

NO WARRANTY; WARRANTY DISCLAIMER.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS SITE OR THE SITE CONTENT IN TERMS OF ITS ACCURACY, RELIABILITY, SUITABILITY, COMPLETENESS, OR OTHERWISE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF PRODUCTS OR SERVICES ON THE SITE, THAT INFORMATION OR MATERIALS TRANSMITTED THROUGH THE SITE ARE SECURE, OR THAT EMAILS SENT FROM US OR OUR COMMERCIAL PARTNERS ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, BUGS, VIRUSES, HARMFUL ELEMENTS, MALICIOUS CODE, OR THE LIKE. WE DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AND UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR EXPERIENCE OF THIS SITE OR AS TO THE SECURITY OF ANY INFORMATION, INCLUDING PERSONAL INFORMATION AND SENSITIVE FINANCIAL INFORMATION, YOU PROVIDE VIA OR ON THE SITE.

THIS SITE AND THE SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, WHATEVER ITS SOURCE, AND ALL USE OF (OR INABILITY TO USE) THIS SITE IS SOLELY AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, PRODUCT DESCRIPTIONS, QUANTITIES, IMAGES, PACKAGING, NUTRITIONAL CONTENT CLAIMS, HEALTH CLAIMS, INGREDIENTS, ALLERGEN INFORMATION, WARNINGS, AND OTHER PRODUCT INFORMATION ON OUR SITE OR ON THE PRODUCTS OFFERED FOR SALE ON THE SITE IS ACCURATE OR COMPLETE. MUCH OF THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT. THE SITE MAY CONTAIN ADVERTISEMENTS AND LINKS TO OTHER WEBSITES AND INFORMATION ON THE INTERNET.  WE DO NOT CONTROL ANY THIRD-PARTY WEBSITES AND SUCH SITES HAVE THEIR OWN TERMS OF USE AND PRIVACY POLICIES.  IF YOU DECIDE TO INTERACT WITH AN ADVERTISEMENT ON THIS SITE OR CLICK ON A LINK TO ANOTHER SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY. 

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, LICENSORS, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER TYPE OF DAMAGES OF ANY KIND, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE (OR INABILITY TO DO SO) OR ANY SITE CONNECTED TO IT OR ANY CONTENT ON SUCH SITES, FROM ANY TRANSACTION MADE ON THIS SITE, AND FROM YOUR INTERACTION WITH THE SITE OR SITE CONTENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, COMMUNICATION FAILURE, FILE CORRUPTION, NETWORK OR SYSTEM OUTAGE, THEFT, FRAUD, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY DATA, AND ANY OTHER LIABILITY, LOSS OR DAMAGE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES IN EXCESS OF $100 OR THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION, WHICHEVER IS GREATER. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION. 

YOU AGREE TO INDEMNIFY AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES HARMLESS FROM AND AGAINST ANY CLAIMS, DEMANDS, LIABILITIES, AND SETTLEMENTS, INCLUDING CLAIMS FOR DAMAGES AND REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR BY ANY THIRD PARTY DUE TO, RELATING TO, OR ARISING OUT OF, ANY VIOLATIONS OF THESE TERMS OR APPLICABLE LAWS, WHETHER OR NOT WILLFUL OR INTENTIONAL, BY YOU OR YOUR AGENTS, INCLUDING WITHOUT LIMITATION, CLAIMS AND DEMANDS RELATING TO YOUR USE OF THIS SITE, TRANSACTIONS ON THIS SITE, SUBMISSIONS OR CONTENT YOU SUBMIT, UPLOAD, POST TO, OR TRANSMIT THROUGH THIS SITE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY IN CONNECTION WITH YOUR USE OF THIS SITE.

Site Access and Termination. 

You agree that we may, in our sole discretion, terminate your password, account or access to this Site, and remove and discard any Site content, for any reason. We may also discontinue providing this Site, or any part of it, with or without notice. You agree that any termination of your access to this Site may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and password and all related information and files or bar further access to such files. Further, you agree that we shall not be liable to you or any third party for any termination of your access to this Site. Notwithstanding termination of your access to this Site, you will still be liable for the payment of any amounts due or other obligations incurred before termination, whether your use of this Site is terminated by you or us. Termination of your access to this Site does not terminate the applicability of these Terms, the appropriate provisions of which shall survive in perpetuity (as modified).

Compliance with Laws. 

You acknowledge and agree that you will fully comply with all applicable U.S. and foreign laws and regulations when using the Site, including without limitation, when accessing information, browsing the Site, posting to the Site, communicating with us through the Site, submitting content and materials, and making purchases on the Site. 

Privacy. 

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your use of the Site and the purchase of products or services through the Site.

Site Access from Outside the United States. 

We are based in Edina, Minnesota, in the United States of America. We make no claim that the Site content is appropriate, or may be downloaded, outside of the United States, and this Site is not intended for use by persons outside the United States. Access to the Site content may not be legal by certain persons in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Force Majeure. 

We shall have no liability for any failure or delay in fulfilling orders or other alleged defaults due to events beyond our control, including, without limitation: (a) acts of God, flood, fire, earthquake, major weather event, pandemic or epidemic, or explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, protests, riots or other civil unrest; (b) government order, law, or actions; (c) embargoes or blockades; (d) national or regional emergencies; (e) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (f) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, unavailability of products, service providers, employees, or inability or delay in obtaining supplies of adequate or suitable materials; and (g) other similar events beyond our reasonable control.

Governing Law and Jurisdiction. 

These Terms are governed by and shall be interpreted under the laws of the State of Minnesota, U.S.A., notwithstanding its conflicts of law principles. All disputes or claims arising out of use of this Site will be resolved in the Federal District Court for the District of Minnesota or in Hennepin County District Court, Minneapolis, Minnesota.

Dispute Resolution and Binding Arbitration. 

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRAL TRIBUNAL HAS NO POWER TO CONSIDER THE ENFORCEABILITY OF THIS CLASS ARBITRATION WAIVER AND ANY CHALLENGE TO THE CLASS ARBITRATION WAIVER MAY ONLY BE RAISED IN A COURT OF COMPETENT JURISDICTION.

Assignment. 

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Successors and Assigns. 

These Terms shall be binding on and inure to the benefit of both your successors and assigns and our successors and assigns.

No Waiver. 

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Lunds & Byerlys.

Severability. 

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement. 

These Terms, our Terms of Sale, and our Privacy Policy will be deemed the entire agreement between you and us on the matters contained in these Terms.

We welcome you to this website, www.LundsandByerlys.com (“Site”), which is provided and owned by Lund Food Holdings, Inc., d/b/a Lunds & Byerlys (“Lunds & Byerlys,” “we,” “us,” or “our”). Lunds & Byerlys and its affiliates provide products and services to you on the Site subject to these Terms of Sale (“Terms”), our Privacy Policy, and our Terms of Use. If you visit or shop at our Site, you agree to accept and be bound by these policies, which are incorporated herein by reference. 

These Terms of Sale (“Terms”) apply to the purchase and sale of products and services through the Site. We ask that you please read these Terms carefully. If you do not accept these Terms, please do not use this Site. From time to time, we may modify these Terms by posting modified Terms on the Site. If you visit or shop at our Site after such modified Terms are posted, you agree to accept and be bound by the modified Terms. Check this page regularly for any modifications of these Terms.

Placing an Order.

To place an order on the Site, you must be: (1) at least 18 years of age or the age of majority in the state in which you reside; (2) a legal U.S. resident; and (3) an authorized user of the credit card, debit card, or other method of payment used to complete a transaction on this Site.

Order Acceptance, Change Requests, and Cancellation.

By submitting an order, you offer to purchase the products or services you select and submit to us. It is within our discretion to accept or reject your order. Your payment for products, services, shipping, or sales tax relating to your order is due upon the submission of your order. If we accept your order, we will charge your method of payment and send a confirmation email with the order number and details. If we do not accept your order, we will not charge you for the products or services. If you need to change or cancel an order, please contact us at contact@lundsandbyerlys.com or phone us at 952-548-1400. 

Modifying an Order.

If you need to modify an order, you can do so up to 24 hours prior to your pickup or delivery time.  To modify an order, first log in to your account at lundsandbyerlys.com.

Alcoholic Beverages.

If your pickup order includes any alcoholic beverages, Minnesota state law requires you to collect these items inside the Wine & Spirits store. Delivery orders may not include alcoholic beverages. 

Delivery “Leave at My Door” Delivery Option.

To use this option, simply add “Leave at My Door” in the add order section at the bottom of your order.  In addition to our text and email alerts, you’ll receive a phone call confirmation from your shopper once your groceries have been delivered.  Please note that we still require customers to be at home during a delivery and we are not responsible for loss or damage that may occur to products that are left at your door.  Also, we require a signature for any alcoholic products. If you want an order left at your door, you cannot include any alcohol in your order.

Store Pickup and Delivery; Title and Risk of Loss.

If you place an order for store pickup or delivery, we will arrange for the ordered items to be packed and made available at the pickup location (for store pickup) or to a third-party delivery service (for delivery), at a time designated by us. We endeavor to provide good faith estimates of the times by which your order is expected to be ready for store pickup and of approximate delivery times.  Store pickup and delivery times are estimates only and cannot be guaranteed. We are not liable for any delays in orders being ready for store pickup or for orders being delivered.  You understand that by ordering using our store pickup or delivery services, we have sole discretion as to the selection of items for your order and the selection and offering of replacements.  You understand that you will not have the opportunity to inspect your order or request changes to it at the time of pickup or delivery.  You agree to pay all taxes, fees, and service charges associated with your order, including taxes, fees and service charges imposed by third-party delivery services available on or through the Site.

In the case of store pickup, title and risk of loss pass to you upon our transfer of products to you or the completion of services rendered to you.  For delivery orders, title and risk of loss pass to you upon our transfer of the products or services rendered to the third-party delivery service provider. 

Out-of-Stock Items and Substitutions.

Due to the large number of online orders placed on the Site and in-stock volativity of certain products, we are no longer calling guests to ask about substitutions for out-of-stock items.  When placing your order, you can select “allow substitutions” if you would like us to select substitutions for items that are out-of-stock.  Substitutions will be selected in our sole discretion.

Returns and Refunds.

Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the delivery fees and charges. Returns must be made within 3 days of your purchase and products must be returned in their original condition.

If we accept your return, refunds are processed within approximately 2-3 business days of our receipt of the returned merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. NO REFUNDS ARE OFFERED ON PRODUCTS OR SERVICES DESIGNATED AS “FINAL SALE”, “NO RETURNS”, OR “NON-RETURNABLE”.

Shipping Perishable Products.

For orders of perishable products placed on our Gift Shop Site https://lunds-byerlys-gifts.myshopify.com/, each package is shipped in a recyclable insulated container with gel packs to maintain the appropriate temperature of your product(s). All perishable products ship frozen and will arrive frozen, partially thawed or chilled.

Due to the perishable nature of our product(s), we ship most orders front door parcel delivery (e.g. FedEx, USPS, UPS) to your delivery address two-day air. We ship orders Monday, Tuesday, and Wednesday. Orders received after noon Central Time Wednesday will ship the following Monday. Order processing timing will be impacted when we are closed for holidays. We may require additional days to process and deliver your order during December and other peak periods and we will inform you of any unusual delays. We do not ship to PO Boxes. Orders shipped to select areas in Minnesota, Wisconsin, North Dakota, South Dakota, and Iowa will be shipped FedEx Ground or USPS. Please contact us if you are planning to ship to Alaska or Hawaii. If your order cannot be sent as requested, you will be notified by a Lunds & Byerlys Gifts employee. 

Lunds & Byerlys will not assume responsibility for any incorrect addresses provided to us and delivery, return, and re-delivery charges will apply. We strongly recommend that you confirm that the recipient or other responsible party will be available to receive, open and properly store your order when ordering perishable items. We are unable to replace products that perish due to events outside our control such as recipients being unavailable at the time of delivery. Please note that our boxes are marked perishable on the outside. We are not responsible for items received but not opened.  

If you have questions about your gift shop order order, please contact us within 24 hours of receiving your order at lundsandbyerlysgifts@lfhi.com or call us at 952-548-5328 or 1-800-328-3975 from 9:00 am to 6:00 pm Central Time Monday through Saturday. 

Gift Cards.

Gift Card sales are final. Our gift cards carry no fees and do not expire. Gift cards have no cash value and may not be redeemed for cash. Lunds & Byerlys gift cards can be used at our Twin Cities and St. Cloud stores, Wines & Spirits Shops, St. Louis Park Gift Shop, and online grocery shopping for local delivery or pick-up LundsandByerlys.com.  Additional terms and conditions may apply.

Your Lunds & Byerlys Extras (“L&B Extras”) Account.

Only one (1) L&B Extras account is permitted per customer and using someone else’s Extras account is not allowed. If we discover that you have more than one L&B Extras account, we may terminate all of your accounts without notice, and you shall immediately forfeit all offers and benefits.  You warrant to us that your use of any credit or debit card to buy products or services through this site is authorized and legal.  It is your responsibility to notify us of any changes to your L&B Extras membership details, including your name, address, email address, and credit or debit card details.  You are also responsible for promptly notifying your bank and the applicable credit or debit card issuer of any loss, theft, or unauthorized use of your credit or debit card.

Information Reporting.

It is your responsibility to notify us of any changes to your account registration details, including credit or debit card details. You are also responsible for promptly notifying your bank or card issuer of any loss, theft, or unauthorized use of your credit or debit card.

No Resale, Export or Commercial Use.

You agree to fully comply with all applicable U.S. and foreign laws and regulations, including all Customs and export laws and regulations. You represent and warrant any transactions you make on the Site, including purchases of products or services from the Site, shall be for your own personal or household use only, and not for resale, export, or for any commercial purpose.

Satisfaction Guarantee.

Lunds & Byerlys believes in making customers the number one priority. We guarantee our customers’ satisfaction. If for any reason, you are not completely satisfied with your product or service, we will either replace the product or issue a refund.