Terms and Conditions

Last updated: June 18, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words with initial capital letters have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Website or parts of our Website.
• Country refers to: New Jersey, United States
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Barth’s Market, 41 South Street, New Providence, NJ 07974.
• Device means any device that can access the Website such as a computer, a cellphone, or a digital tablet.
• Goods refer to the items offered for sale on the Website.
• Orders mean a request by You to purchase Goods from Us.
• Service refers to the Website.
• Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
• Website refers to Barth’s Market, accessible from www.barthsmarket.com
• You means the individual accessing or using the Website, or the company or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.

By accessing or using the Website, You agree to be bound by these Terms. If You disagree with any part of the Terms, then You may not access the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information and informs You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Placing Orders for Goods

By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts.

You also warrant that You accept any and all delivery and packing fees. These fees will be identified on your order summary.

Orders placed within 48 hours of fulfillment are final. No changes or cancellations can be made.

Orders to be fulfilled more than 48 hours from placement may be changeable or refundable at the discretion of Barth’s Market. For example, orders for specialty items or holidays may not be changeable or cancellable.

If You request delivery, it is not guaranteed and is subject to the discretion of Barth’s Market and limited by staff or vehicle availability. If delivery is not available, the delivery fee will be refunded. Delivery fees may vary depending on the nature of the delivery (e.g., grocery vs. catering).

For Catering orders, additional fees related to fulfillment, such as food setup, may be added. These fees will be disclosed by a staff member within 48 hours of order review.

Your Information

If You wish to place an Order through the Website, You may be asked to provide certain information relevant to Your Order, including: name, email, phone number, credit card number, expiration date, billing address, and shipping information.

You represent and warrant that:

• (i) You have the legal right to use any payment method used for an Order; and
• (ii) The information You supply is true, correct, and complete.

By submitting this information, You authorize Us to provide it to third-party payment processors to complete Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for reasons including but not limited to:

• Goods availability
• Errors in the description or pricing
• Errors in Your Order
• Suspected fraud or unauthorized transactions

Your Order Cancellation Rights

Goods can only be returned in accordance with these Terms and Our Returns Policy.

We will reimburse You on the day we receive the returned Goods. The same payment method will be used, and no fees will be charged for the reimbursement. Please note it may take 7–10 days for the credit to appear.

You cannot cancel Orders for:

• Goods made to Your specifications (e.g., cut meats or catered items)
• Perishable Goods unsuitable for return
• Unsealed, non-perishable Goods not suitable for return

Availability, Errors, and Inaccuracies

We are constantly updating our offerings. However, due to fluctuating market prices and availability, information on the Website may be outdated, inaccurate, or mispriced.

We cannot guarantee the accuracy or completeness of any content on the Website and reserve the right to update or correct information at any time without prior notice.

Prices Policy

We reserve the right to revise prices at any time prior to fulfilling an Order.

If market conditions cause a price change after accepting an Order, You will be notified and given the option to cancel the Order.

Payments

All purchases require a one-time payment. We accept various methods such as Visa, MasterCard, Discover, American Express, and gift cards.

All payment methods are subject to validation checks and authorization. If authorization is not received, We are not liable for any delay or failure in Order delivery.

User Accounts

When creating an account, You must provide accurate and up-to-date information. Failure to do so may result in account termination.

You are responsible for safeguarding your password and agree not to disclose it. Notify Us immediately if You suspect unauthorized access.

You may not use someone else’s name, trademark, or an offensive username.

Intellectual Property

The Website and its original content (excluding content from users) are the exclusive property of the Company and its licensors. It is protected by intellectual property laws.

Our trademarks may not be used without prior written consent.

Termination

We may suspend or terminate Your Account without notice if You breach these Terms. You may terminate your account at any time by discontinuing use of the Website.

Limitation of Liability

Our total liability to You will not exceed the amount paid by You through the Website.

We are not liable for indirect, incidental, or consequential damages, even if advised of the possibility.

Some jurisdictions do not allow certain exclusions, so limitations may not apply to You.

“AS IS” and “AS AVAILABLE” Disclaimer

The Website is provided “AS IS” and “AS AVAILABLE” without warranties of any kind.

We do not guarantee:

• Uninterrupted or error-free service
• Accuracy or reliability of Website content
• Virus-free or secure access to the Website

Some jurisdictions may not allow exclusion of warranties, so the above may not fully apply to You.

Governing Law

These Terms are governed by the laws of the United States and the State of New Jersey. Additional local or international laws may apply.

Changes to These Terms and Conditions

We may update these Terms at our discretion. If changes are material, we will provide 30 days’ notice.

By continuing to use the Website after changes take effect, You agree to the new Terms. If You disagree, please discontinue use of the Website.

Contact Us

If You have any questions about these Terms, You can contact us:

• By email: info@barthsmarket.com