Terms of Use

Special Terms of Use

Customer Agreement

Welcome to SAFEWAY.COM. This Customer Agreement (the "Agreement") is a legal agreement between you and Safeway Inc., its subsidiaries and affiliates ("Safeway") that states the terms and conditions under which you may receive Safeway online services and use the Safeway.com Web site (the "Site"). Your use of the Safeway online service and the Site constitutes your agreement to the terms and conditions set forth below. We may amend the Agreement at any time by posting the amended terms on the Site. If you do not agree to these terms and conditions, do not use the Site or the service.

Notwithstanding any statements on the Safeway.com web pages or elsewhere, these Terms and Conditions are the agreement between you and Safeway. By completing the on-line registration process, submitting each order and completing the checkout process, you confirm and affirm that you have read, understood and agree to these Terms and Conditions, and the form in which they appear at the time your on line transaction is processed.

You agree that because of the nature of the Internet, the online shopping service is provided on an "As Is" and "As Available" basis. We are not liable to you if we are unable to supply a particular item. If you would like out-of-stock items substituted, please specify the type of replacements you would prefer on the Substitutions page during Checkout. If you are not satisfied with any substitution selected, you may return it to the physical store, or with the delivery driver for a full refund.

At this time, we are unable to issue or accept rain checks or coupons online. We are currently in the process of developing enhancements to our Web site so we may provide this service to you in the future.

We will make every attempt to deliver on all your orders; however, large orders of specific items will be fulfilled at the discretion of the store. For example, if you were to make an order of 100 bottles of wine, which would use up all the store's stock, the store may only be able to deliver 50 bottles.

1. Ownership, License & Restrictions on Use.
The content of this Site is the intellectual property of Safeway. Your use of this site does not grant you any rights, either intentionally or by implication, to the names, images, pictures, logos and icons identifying Safeway products and services contained on the site. Any copying, republication, or redistribution of this site’s content, including by caching, framing or any similar means, is prohibited without the prior written consent of Safeway. Safeway shall not be liable for any errors in content, or for any action taken in reliance thereon. The marks SAFEWAY and SAFEWAY SELECT are registered service marks of Safeway Inc.

2. Offer and Acceptance.
By submitting a completed order form, you offer to purchase, pursuant to these Terms and Conditions and the order form, the groceries and other items (collectively, "Product") you select and submit to Safeway.com ("Safeway") for purchase via the order form. Safeway may accept your offer by sending you an electronic confirmation that your order has been received and accepted. It shall be in Safeway’s discretion to accept or reject your offer. If Safeway accepts your offer, these Terms and Conditions and the order form collectively constitute a legal agreement between Safeway and you governing your purchase of the Product from Safeway over the Safeway.com online shopping service.

3. Responsibilities.
If Safeway accepts your order, Safeway shall, in return for your payment, provide the Product that you order through the online shopping service. The Product shall be delivered to you by an employee of GroceryWorks, a Safeway-affiliated company, at the delivery address you designate. Your payment for the Product and shipping and delivery, including any applicable sales taxes, is due upon completion of the checkout and delivery of your order. Safeway will charge the payment for Product to the credit card that you submit to Safeway as part of your registration, and will collect the payment from your bank. You authorize Safeway to make and collect such payment and charge, and agree to make payment to Safeway if Safeway cannot collect the charge for any reason. The total amounts you shall pay for the Product per each order shall be the sums of the respective prices for the items you select and submit via the online order form, plus all applicable sales taxes and shipping charges, if any, as reported to you as the "TOTAL" in the delivery receipt.

4. Product Pricing and Service Charges.
The prices quoted on our Web site at the time of your order are estimated prices only. You will be charged the prices quoted for Products you have selected for purchase at the time your order is processed at checkout. The actual order value cannot be determined until the day of delivery because the prices quoted on the Web site are likely to vary either above or below the prices in the store on the date your order is filled and delivered. Safeway's AccuScan policy does not apply to online shopping.

Delivery times will be as agreed at the time of order. All goods must be signed for on delivery by an adult 18 years of age or older. The goods will be retained by the driver if no adult is at the delivery address when the delivery is attempted. The driver will leave notification of delivery and will telephone to reschedule delivery or will return later the same day. Orders will be accepted only from the individual registered with the online service and deliveries will only be made to the address that they have registered.

A service (delivery) fee applies to all orders, no matter how small or large, and is nonrefundable. The service fee covers the costs associated with fulfilling each order. Please see "about deliveries" in the customer help section for applicable charges.

5. Promotions.
Items are periodically offered at special rates, such as "Buy One, Get One Free." To ensure you receive the quantity of products desired, please indicate the exact quantity of products you wish to purchase. We will deliver to the best of our ability, the exact quantity of items ordered. Refunds or credits will not be issued for promotional items not ordered.

6a. Customer Communications.
Safeway shall conclusively presume that online communications received from you through your use of the online order form and the registration process are accurate, complete, and authorized by you as received by Safeway. You agree not to contest the validity and binding legal effect of those communications.

6b. Safeway.com Communications.
On occasion, Safeway.com may need to contact you regarding your account or a significant business issue. These communications will be marked "Special service notification: Please read."

7. Eligibility.
You must be aged 18 or older, and have completed the registration process to participate in any of the online services provided by Safeway.com. You will receive a user ID and password. Please keep them secret and you are entirely responsible for the use of online services pursuant to your user ID and password. You must immediately notify Safeway of any unauthorized use of your user ID or any breach of security that becomes known to you.

8. Shopper Registration.
You agree to complete the initial registration process according to Safeway requirements stated on the Web site, and to provide Safeway with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery address, email address, and appropriate telephone contact numbers. You must provide Safeway with an accurate and complete credit card number and expiration date at the time of checkout.

You represent and warrant to Safeway that your use of any credit card is authorized and legal.

9. Shopper Information Changes.
It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information, as necessary.

10. Delivery.
A GroceryWorks employee shall deliver the Product to you at a single delivery location you designate that is within the applicable delivery zone authorized by Safeway. Delivery of any alcoholic beverage or tobacco product will be made only to an adult over 21 years of age, with proper identification, and consistent with all applicable laws. We reserve the right not to deliver items that your local store, where your groceries are selected, deem to be excessive in quantity.

11. Methods of Payment.
You can pay by any Visa, MasterCard, American Express or Discover card. Your credit card information will be encrypted to minimize the possibility of unauthorized access or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Authority for payment must be given at the time of order.

12. Product Availability.
Although Safeway believes that it will have sufficient inventory to fill your orders, it is possible that certain Product will be unavailable, from time to time. In the event an item you have ordered is temporarily unavailable, Safeway will complete and fill the remainder of your order and notify you at the time of delivery of those items that are unavailable. Safeway will not, for any reason, redeliver items that are unavailable at the time of delivery or intentionally or unintentionally missing from an order. You will not be charged for items unavailable at the time of delivery and refunded for items intentionally or unintentionally missing from an order. If an item is missing from your order, you have 48 hours from the time of delivery to notify Safeway.com customer service for a full refund. Refunds will not be given for an item missing from your order after the 48 hour time window.

13. Safeway Satisfaction Guarantee.
If you are not satisfied with an item for any reason, you should call 1-877-505-4040 Monday through Friday from 9:00 a.m. until 9:00 p.m., Pacific Time, Saturday and Sunday from 9:00 a.m. until 5:00 p.m., Pacific Time, and Safeway will issue a credit to your credit card in an amount equal to the value of the item, plus applicable sales tax. Safeway may arrange, in its sole discretion, to retrieve the item from the delivery location at no charge to you for the retrieval. Alcoholic beverages, tobacco products and baby formula may not be returned after delivery has been accepted.

14. Product Information.
Safeway will attempt to update Product nutritional and other Product information as and when changes come to the attention of Safeway. However, Safeway is not responsible for any inaccuracy or misstatement of any such information. You should read the Product information upon delivery or contact the product manufacturer or distributor if you have questions or concerns.

15. Cookies.
Our web sites use "cookies." A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, assist our online merchants to track visits to and sales at their stores and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyzing your visiting patterns. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.

To serve you better, we may combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross–reference with our Select Partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

16. Links
(a) Outbound Links. The Site may contain links to third-party Web sites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by Safeway of the content on such Linked Sites. Safeway makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Safeway is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's Privacy Policy.

(b) Inbound Links. Linking to any page of the Site other than to http://www.safeway.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Safeway. Any web site or other device that links to http://www.safeway.com or any page available therein is prohibited from (a) replicating content, (b) using a browser or border environment around the content, (c) implying in any fashion that Safeway or any of its subsidiaries or affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Safeway or any of its subsidiaries and affiliates, (e) presenting false information about Safeway products or services, and (f) using any logo or mark of Safeway or any of its subsidiaries or affiliates without express written permission from Safeway.

17. Disclaimer of Warranty.
Safeway online shopping services are provided on an "AS IS" or "AS AVAILABLE" basis and Safeway does not provide any assurances of the availability or usability by you of their online shopping services. Safeway makes no representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on the web site. SAFEWAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE.

18. LIMITATION OF LIABILITY.
SAFEWAY SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), UNAUTHORIZED USE OF YOUR CREDIT CARD, OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF SAFEWAY. ANY LIABILITY OF SAFEWAY (INCLUDING ITS EMPLOYEES, AFFILIATES, OR AGENTS) TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO SAFEWAY IN YOUR MOST RECENT USE OF THE ONLINE SHOPPING SERVICE IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE.

19. Privacy and Confidentiality.
Safeway values you as a customer and your right to privacy. Except as may be otherwise required by law, Safeway (i) will exercise commercially reasonable efforts to ensure that your credit card or bank account information remains confidential and is available only to personnel who have a need to know such information in connection with providing you with Safeway online shopping services or otherwise for Safeway’s general business purposes, and (ii) will not sell, lease, or share your name, address or similar personally identifying information to unrelated third parties or permit the use of such information outside the scope of the Safeway online shopping service or Safeway general business purposes. We do record information regarding the purchases made with your Safeway Club Card to help us provide you with special offers and other information. Safeway may, and reserves the right to, use and disclose internally within Safeway and with its affiliated business partners, any aggregated, non-personally identifying information, including information you provide to Safeway using this Site, regarding Safeway customers in general and their usage of the online shopping service, for any purpose.

20. Applicable Law.
These Terms and Conditions and the order form, collectively constituting the sole and entire agreement between Safeway and you regarding the online shopping services, are governed by laws of the State of California without regard to conflict of laws and rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in Pleasanton, California and Alameda County, California.

21. Changes to Terms and Conditions.
Safeway reserves the right to, from time to time, with or without notice to you, in Safeway’s sole discretion, amend the Terms and Conditions for Use and purchases regarding the online shopping services. Any amendments by Safeway will be effective only as to orders you place after Safeway’s revisions of these Terms and Conditions as displayed on the Web site. It is your responsibility to review the Terms and Conditions before submitting each order. Safeway has no responsibility to notify you of any changes before any such changes are effective.

22. Terms and Conditions Govern.
These Terms and Conditions, as amended from time to time, shall be the sole terms of the agreement between you and Safeway regarding your online purchases. All statements otherwise made on the Web site, or otherwise, are intended only for your convenience and do not form and are not included in our Agreement or the terms for your purchase.

23. Taxes.
If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to Safeway and you must timely pay such taxes or amounts.

24. Safeway Right to Refuse Service.
Safeway, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.
Pricing information: The current Safeway Fee Schedule may be obtained by calling Safeway Customer Service at (877) 505-4040, Monday through Friday from 9 a.m. to 9 p.m. Pacific Time, Saturday and Sunday from 9 a.m. to 5 p.m. Pacific Time. Safeway reserves the right to add, delete or change fees or charges at any time upon notice as provided in this Agreement.
Complaints: Please call: Safeway Customer Service at (877) 505-4040. In California: 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 (916) 445-1254.