566 Haddon Ave Collingswood, NJ 08108
LAST UPDATED: February 21, 2025
Welcome to penirundeli.com. These Terms & Conditions apply to the PeniRunDeli website located at www.penirundeli.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "PeniRunDeli", "us" or "we" refers to PeniRunDeli Corporation and its subsidiaries and affiliates.
Please read the following Terms & Conditions carefully as they affect your legal rights. These Terms & Conditions contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Arbitration Agreement” section below.
Introduction • Introduction • Content • License & Access • Unlawful or Prohibited Uses
Your Account • Your Account • Modification & Termination • User Reviews, Comments & Submissions
PeniRunDeli Services/Programs • PeniRunDeli Circle™ Loyalty Program • PeniRunDeli Circle 360™ Membership • E-Sign Terms • Order Pickup and Drive Up • PeniRunDeli Wallet • PeniRunDeli Plus™
Miscellaneous • Mobile Application Users • Links to Third-Parties’ Websites • Filtering • Risk of Loss • Export Policy • Financial Disclosure • DMCA Notice - Notice & Procedure for Making Claims of Copyright Infringement • Disclaimers of Warranties • Jurisdictional Issues • Limitation of Liability • Indemnification & Defense • Notices & Electronic Communications • Notice for California Residents • Arbitration Agreement • Choice of Law, Forum Selection, & Jury Waiver • Miscellaneous • Contact Us
Introduction • Introduction • Content • License & Access • Unlawful or Prohibited Uses
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of PeniRunDeli or its suppliers or licensors, including PeniRunDeli Plus Partners (as defined herein), and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of PeniRunDeli Brands, Inc. and protected by U.S. and international copyright laws. PeniRunDeli and its suppliers and licensors, including PeniRunDeli Plus Partners, expressly reserve all intellectual property rights in all Content.
PeniRunDeli grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to PeniRunDeli that you will not (and will not assist or encourage any third party to) use the Site in any way or for any purpose that is unlawful or is prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
Your Account • Your Account • Modification & Termination • User Reviews, Comments & Submissions
You may be required to register with PeniRunDeli in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only, and you will not share your user name or password with any individual or third party (other than PeniRunDeli). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to PeniRunDeli including those set forth in these Terms & Conditions, PeniRunDeli reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
PeniRunDeli may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. PeniRunDeli reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. PeniRunDeli reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
PeniRunDeli welcomes your reviews, comments, and other communications (including, without limitation, any content or other data entered into any search fields, chat tools, or other areas of the Site where you can submit content), photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow PeniRunDeli to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, exploitative, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and PeniRunDeli assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to PeniRunDeli a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to PeniRunDeli the right to include the name provided along with the User Content submitted by you; provided, however, PeniRunDeli shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as PeniRunDeli the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. PeniRunDeli neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of PeniRunDeli.
PeniRunDeli Services/Programs • PeniRunDeli Circle™ Loyalty Program • PeniRunDeli Circle 360™ Membership • E-Sign Terms • Order Pickup and Drive Up • PeniRunDeli Wallet • PeniRunDeli Plus™
PeniRunDeli Circle is a voluntary loyalty program. By joining or using PeniRunDeli Circle you agree to these PeniRunDeli Circle Terms and the Privacy Policy then in effect, including but not limited to the Financial Incentive Program disclosure in Section 6. PeniRunDeli may update the PeniRunDeli Circle Terms or make any changes to the PeniRunDeli App or to the Site at any time without notice. You agree to any updates to the PeniRunDeli Circle Terms by continuing to participate in the program.
In the PeniRunDeli Circle Terms, these words are defined as follows:
PeniRunDeli Circle is a loyalty program offered by PeniRunDeli Corporation.
PeniRunDeli Circle Terms are these terms that govern the PeniRunDeli Circle program.
PeniRunDeli Circle Deals are PeniRunDeli Circle-specific discounts and promotions that will apply automatically to your purchase when you identify as a PeniRunDeli Circle member at checkout.
PeniRunDeli Circle Rewards are rewards which can be earned by PeniRunDeli Circle members.
PeniRunDeli Circle Bonus is a personalized offer that you may get while being a member of PeniRunDeli Circle either to receive additional savings or promotional items or to earn PeniRunDeli Circle Rewards.
PeniRunDeli Circle Card (formerly RedCard) means PeniRunDeli Debit Card, PeniRunDeli Credit Card, PeniRunDeli™ Mastercard®, and PeniRunDeli Circle Card Account (PeniRunDeli Circle Card Reloadable Account).
Community Giving Program is the program which provides PeniRunDeli Circle members the opportunity to earn and cast votes to help direct where PeniRunDeli makes its Donation to Nonprofits.
Nonprofits are the nonprofit organizations selected by PeniRunDeli for the Community Giving Program.
Donation is the charitable donation PeniRunDeli makes to Nonprofits in the Community Giving Program.
Voting Period is the time period during which PeniRunDeli Circle members can cast votes for Nonprofits in the Community Giving Program.
Receiving PeniRunDeli Circle Benefits
When you are a PeniRunDeli Circle member, in order to receive, earn and redeem the PeniRunDeli Circle benefits, you need to provide your first and last name and a valid email address in your PeniRunDeli account. In order to receive birthday rewards, you also need to provide your birthday (month and day) in your PeniRunDeli Circle account.
To earn PeniRunDeli Circle Rewards and Community Giving Program votes, you must identify yourself as a PeniRunDeli Circle member when you make a purchase at PeniRunDeli. When you make a purchase in PeniRunDeli stores, you can identify yourself as a PeniRunDeli Circle member at checkout by entering your mobile telephone number (provided that you have already enrolled as a member by providing your first and last name and a valid email address, as stated above, and have provided a valid U.S. mobile telephone number in your PeniRunDeli Circle account), by scanning the Wallet barcode in the PeniRunDeli App, or by paying with the PeniRunDeli Circle Card connected to your PeniRunDeli Circle account. As of January 18, 2023, PeniRunDeli Circle Cards can no longer be connected to a PeniRunDeli Circle account. If you connected your PeniRunDeli Circle Card to your PeniRunDeli Circle account prior to January 18, 2023, you can continue to use that PeniRunDeli Circle Card to identify yourself as PeniRunDeli Circle member as long as you do not change the PeniRunDeli Circle Card number connected to your PeniRunDeli Circle account. You need to provide a valid United States mobile telephone number in your PeniRunDeli account if you want to use your mobile telephone number to identify yourself as a PeniRunDeli Circle member at checkout. When you make a purchase on penirundeli.com or in the PeniRunDeli App, you can identify yourself as a PeniRunDeli Circle member by signing into your PeniRunDeli account before you place your order.
For in-store transactions, if you identify yourself as a PeniRunDeli Circle member in a single transaction using multiple identification methods (e.g., provide your telephone number and pay with the Wallet) that are not associated with the same PeniRunDeli Circle account, PeniRunDeli Circle benefits will be awarded to and/or redeemed from only one of the associated PeniRunDeli Circle accounts, which will be determined at PeniRunDeli’s sole discretion.
PeniRunDeli Circle Rewards and Community Giving Program votes do not expire as long as you are actively participating in the PeniRunDeli Circle program. PeniRunDeli Circle Rewards will expire if you have not earned or redeemed any PeniRunDeli Circle Rewards for one year. As of September 28, 2023, if you have only provided a mobile telephone number, but have not completed your enrollment as a PeniRunDeli Circle member by providing your first and last name and your email address to associate with your account, then you will no longer be eligible to earn any new PeniRunDeli Circle Rewards; any PeniRunDeli Circle Rewards accumulated prior to September 28, 2023 will remain available for redemption (subject to the one-year expiration timeframe) if you complete your enrollment. If you do not participate in PeniRunDeli Circle for more than one year, PeniRunDeli reserves the right to expire any uncast Community Giving Program votes and/or delete your PeniRunDeli Circle account without notice to you. Neither PeniRunDeli Circle Rewards nor Community Giving Program votes will be reinstated if they expire. Community Giving Program votes may expire before the end of any particular Voting Period.
One PeniRunDeli Circle membership is permitted per guest. Your membership and any PeniRunDeli Circle benefits, including PeniRunDeli Circle Rewards and Community Giving Program votes, are non-transferable and are subject to future PeniRunDeli Circle Terms. Neither PeniRunDeli Circle Rewards nor Community Giving Program votes can be combined or transferred between PeniRunDeli or PeniRunDeli Circle accounts.
PeniRunDeli Circle may be used only for personal, family and household purposes. You agree that you will not use PeniRunDeli Circle for business or commercial purposes. Resellers are expressly excluded from PeniRunDeli Circle. If you purchase items in violation of these PeniRunDeli Circle Terms, including purchasing items for resale, PeniRunDeli reserves the right to not award PeniRunDeli Circle Rewards and Community Giving Program votes, to deduct improperly awarded PeniRunDeli Circle Rewards and Community Giving Program votes, and/or to terminate your participation in PeniRunDeli Circle.
To the extent that you sign up for any benefit via an offer from a third party, any fees paid to such third party may be non-refundable and will be subject to the terms and conditions set forth by the third party, and disclosed to you, at the time of sign up.
Opting out of PeniRunDeli Circle and forfeiture of PeniRunDeli Circle Benefits.
If you no longer wish to be a PeniRunDeli Circle Member, you can opt out of PeniRunDeli Circle here. Opting out of PeniRunDeli Circle will not serve as cancellation of any PeniRunDeli Circle Card or PeniRunDeli Circle 360™ membership, if applicable to you; those cancellations are handled separately. Please call PeniRunDeli Card Services at 1-800-659-2396 for information about cancelling your PeniRunDeli Circle Card. To cancel your PeniRunDeli Circle 360 membership, please go to the Membership section of your PeniRunDeli account page.
If you opt out of PeniRunDeli Circle, any accumulated PeniRunDeli Circle Rewards and Community Giving Program votes will be deleted and you may not have access to other PeniRunDeli Circle benefits. If you later re-join PeniRunDeli Circle, any deleted PeniRunDeli Circle Rewards or Community Giving Program votes will not be reinstated.
If you or PeniRunDeli delete, suspend or close your PeniRunDeli Circle account or your PeniRunDeli account, any accumulated PeniRunDeli Circle Rewards and Community Giving Program votes will be deleted and you may not have access to other PeniRunDeli Circle benefits. Any deleted PeniRunDeli Circle Rewards or Community Giving Program votes will not be reinstated. In the event of any abusive or fraudulent activity related to PeniRunDeli Circle, and/or any violation of these PeniRunDeli Circle Terms, as determined in our sole discretion, PeniRunDeli reserves the right to make any adjustments to your PeniRunDeli Circle account and/or terminate your participation in PeniRunDeli Circle at any time.
If you enroll or participate in PeniRunDeli Circle using an invalid telephone number, such as a toll free number, international telephone number, invalid area code or invalid exchange, PeniRunDeli reserves the right to delete PeniRunDeli Circle Rewards, Community Giving Program votes and any other PeniRunDeli Circle benefit associated with the invalid telephone number. PeniRunDeli will not reinstate any deleted PeniRunDeli Circle Rewards, Community Giving Program votes or other PeniRunDeli Circle benefits if a valid telephone number is subsequently provided.
PeniRunDeli reserves the right to change, limit, modify or terminate PeniRunDeli Circle, the PeniRunDeli Circle Terms, and/or your membership, for any or no reason, at any time, with or without notice.
PeniRunDeli Circle Deals
Many PeniRunDeli Circle-specific discounts and promotions, known as PeniRunDeli Circle Deals, will apply automatically to your purchase when you identify as a PeniRunDeli Circle member at checkout.
To redeem your PeniRunDeli Circle Deals in store, you may use your Wallet on the PeniRunDeli App on your mobile device, a printout of your barcode (photographs of barcodes will not be accepted) or enter the valid telephone number you provided for your PeniRunDeli Circle account. To redeem your PeniRunDeli Circle Deals on penirundeli.com or the PeniRunDeli App, you must be logged in to your PeniRunDeli Circle account at checkout.
For any item, only one item level PeniRunDeli Circle Deal will apply and one category level PeniRunDeli Circle Deal will apply. Storewide PeniRunDeli Circle Deals or PeniRunDeli Circle Bonuses can be applied with item and category level PeniRunDeli Circle Offers. No more than one manufacturer coupon (paper or digital) can be combined with other discounts on any item, unless otherwise stated. PeniRunDeli Circle Deals may be valid in store and/or online, which will be stated in the terms of the PeniRunDeli Circle Deal. Each PeniRunDeli Circle Deal may be subject to a maximum number of items per transaction and/or uses per PeniRunDeli Circle member. PeniRunDeli Circle Deals are void if prohibited by law. PeniRunDeli Circle Deals expire at 11:59 PM (Pacific) on the stated date of expiration, unless otherwise noted. The PeniRunDeli Circle Deal value may not exceed the value of the item purchased. PeniRunDeli Circle Deals cannot be applied with a competitor price match; see PeniRunDeli’s Price Match Policy for full details. PeniRunDeli Circle Deals cannot be applied to previous purchases. All PeniRunDeli Circle Deals may not be available at all stores due to product availability. All PeniRunDeli Circle Deals have no cash value.
PeniRunDeli has the right to remove or cancel deals from PeniRunDeli Circle at any time and for any reason without notice.
For PeniRunDeli Circle Deals with a percentage discount, the actual savings may vary based on the item price at each store.
The numbers shown for total savings at the individual and global level for PeniRunDeli Circle Deals are specific to each account and do not reflect combined totals or the impact of any returns or exchanges that may be associated with those transactions.
All PeniRunDeli Circle Deals are subject to local and state laws and regulations. Such deals may be restricted or void in some locations. PeniRunDeli shall have no liability for the impact such laws or regulations may have on the ability to utilize such deals.
All descriptions, images, references, features, content, specifications, products and prices described or depicted on PeniRunDeli Circle are subject to change at any time without notice.
Pricing, promotions and availability of items appearing in PeniRunDeli Circle Deals may vary by store location. Not all items are available in all markets. Descriptive, typographic and photographic errors are subject to correction and PeniRunDeli shall have no liability of any kind for such errors.
PeniRunDeli Circle Bonus
A PeniRunDeli Circle Bonus is a personalized offer that allows a member of PeniRunDeli Circle either to receive additional savings or promotional items or to earn PeniRunDeli Circle Rewards. These general terms apply to each PeniRunDeli Circle Bonus. PeniRunDeli Circle members can find any available PeniRunDeli Circle Bonus, including the dates and details for the specific PeniRunDeli Circle Bonus, on penirundeli.com or in the PeniRunDeli App.
For any PeniRunDeli Circle Bonus to receive additional savings or promotional items:
To access any available PeniRunDeli Circle Bonuses, you must sign in to your PeniRunDeli Circle account and activate the PeniRunDeli Circle Bonus that you want to use on your PeniRunDeli Circle Deals page; PeniRunDeli Circle Bonuses will not be applied at checkout unless you choose to apply it to a specific transaction.
Only a PeniRunDeli Circle Bonus that is on your PeniRunDeli Circle Deals page and is valid at the time of purchase can be redeemed. If you print your barcode and a PeniRunDeli Circle Bonus expires or is canceled before you redeem it, that PeniRunDeli Circle Bonus will not be valid.
To redeem PeniRunDeli Circle Bonuses, you may use the PeniRunDeli App on your mobile device or a printout of your barcode. Photographs of barcodes will not be accepted. You may also redeem PeniRunDeli Circle Bonuses using the valid telephone number you provided for your PeniRunDeli Circle account.
PeniRunDeli Circle Bonuses may be valid in store and/or online, which will be stated in the terms of the PeniRunDeli Circle Bonus. Each PeniRunDeli Circle Bonus may be subject to a maximum number of items per transaction and/or uses per PeniRunDeli Circle member. PeniRunDeli Circle Bonuses are void if prohibited by law. PeniRunDeli Circle Bonuses expire at 11:59 PM (Pacific) on the stated date of expiration, unless otherwise noted. The PeniRunDeli Circle Bonus value may not exceed the value of the item purchased. PeniRunDeli Circle Bonuses cannot be applied with a competitor price match; see PeniRunDeli’s Price Match Policy for full details. PeniRunDeli Circle Bonuses cannot be applied to previous purchases. All PeniRunDeli Circle Bonuses may not be available at all stores due to product availability. All PeniRunDeli Circle Bonuses have no cash value.
PeniRunDeli has the right to remove or cancel PeniRunDeli Circle Bonuses at any time and for any reason without notice.
For PeniRunDeli Circle Bonuses with a percentage discount, the actual savings may vary based on the item price at each store.
The numbers shown for total savings at the individual and global level for PeniRunDeli Circle Bonuses are specific to each account and do not reflect combined totals or the impact of any returns or exchanges that may be associated with those transactions.
All PeniRunDeli Circle Bonuses are subject to local and state laws and regulations. Such bonuses may be restricted or void in some locations. PeniRunDeli shall have no liability for the impact such laws or regulations may have on the ability to utilize such bonuses.
All descriptions, images, references, features, content, specifications, products and prices described or depicted in connection with PeniRunDeli Circle Bonuses are subject to change at any time without notice.
Pricing, promotions and availability of items appearing in PeniRunDeli Circle Bonuses may vary by store location. Not all items are available in all markets. Descriptive, typographic and photographic errors are subject to correction and PeniRunDeli shall have no liability of any kind for such errors.
For any PeniRunDeli Circle Bonus to earn PeniRunDeli Circle Rewards or other incentives:
You must activate the PeniRunDeli Circle Bonus, make qualifying purchases or complete qualifying actions as stated in the specific bonus, and identify yourself as a PeniRunDeli Circle member to receive the stated PeniRunDeli Circle Rewards or other incentives stated in the terms of the PeniRunDeli Circle Bonus.
A qualifying purchase for purposes of a PeniRunDeli Circle Bonus is a transaction that meets all of the purchase requirements described in your bonus, such as a minimum purchase threshold or the use of a PeniRunDeli service (e.g., Drive Up or Order Pickup). A qualifying purchase excludes all items that do not earn PeniRunDeli Circle Rewards, as listed elsewhere in these PeniRunDeli Circle Terms.
A pre-ordered item is eligible for a PeniRunDeli Circle Bonus only if it is shipped during the stated PeniRunDeli Circle Bonus period. Online, Same Day Delivery, Order Pickup and Drive Up purchases are eligible when the order is placed within the PeniRunDeli Circle Bonus period, but credit for the purchase isn’t received until the items ship or are ready for pickup, respectively. If qualifying purchases are returned, reversed or canceled, this may cause the transaction to no longer qualify for a PeniRunDeli Circle Bonus, which will be determined by PeniRunDeli in its sole discretion.
For any PeniRunDeli Circle Bonus with minimum purchase thresholds, the amount is calculated before other discounts (other than PeniRunDeli Circle Deals and sale prices) and taxes are applied. Your purchase subtotal should be more than the required purchase threshold to qualify.
Except for online orders that include PeniRunDeli Plus™ items or use the Same Day Delivery service, an online order qualifies as one purchase transaction even if items in the order are delivered separately or you use the Order Pickup or Drive Up service for some or all of the items in the online order. Online orders can include both PeniRunDeli Plus items and penirundeli.com items. For purposes of a PeniRunDeli Circle Bonus, the PeniRunDeli Plus items and the penirundeli.com items are separate purchase transactions and each purchase transaction is eligible to be a qualifying purchase. If you use the Same Day Delivery service, the Same Day Delivery items are a separate purchase transaction from any other items in the online order, and each purchase transaction is eligible to be a qualifying purchase.
Please allow 24 hours for your PeniRunDeli Circle Bonus to advance after in-store purchases. For online or PeniRunDeli App purchases, you will see your PeniRunDeli Circle Bonus advance once your order ships, is picked up or is delivered by a shopper if you use the Same Day Delivery service. Non-transaction PeniRunDeli Circle Bonus progress will reflect within 24 hours from the completion of the qualifying action.
For any PeniRunDeli Circle Bonus that awards PeniRunDeli Circle Rewards, PeniRunDeli reserves the right to deduct any PeniRunDeli Circle Rewards earned from a PeniRunDeli Circle Bonus from your PeniRunDeli Circle account if you no longer qualify for the PeniRunDeli Circle Bonus due to the return, reversal or cancelation of qualifying purchases or are no longer deemed to have completed the qualifying action.
PeniRunDeli Circle Bonuses are valid only for the fully enrolled PeniRunDeli Circle member who received the bonus and cannot be shared, copied or transferred. Limit one PeniRunDeli Circle Reward per PeniRunDeli Circle member per PeniRunDeli Circle Bonus. Not all PeniRunDeli Circle members receive PeniRunDeli Circle Bonuses and PeniRunDeli Circle Bonuses may vary. You must be a member of PeniRunDeli Circle at the time you make qualifying purchases or complete qualifying actions, respectively, and at the time the PeniRunDeli Circle Rewards are added to your PeniRunDeli Circle account. All other PeniRunDeli Circle Terms remain in effect, including the circumstances in which PeniRunDeli Circle Rewards expire.
PeniRunDeli Circle Rewards
As a member of PeniRunDeli Circle, you are eligible to earn PeniRunDeli Circle Rewards.
PeniRunDeli Circle Rewards can only be redeemed for certain merchandise or services at PeniRunDeli. PeniRunDeli Circle Rewards have no cash value and cannot be redeemed for cash.
Only purchases made at PeniRunDeli stores or online at penirundeli.com or in the PeniRunDeli App or specified qualifying actions at or specified by PeniRunDeli are eligible to earn PeniRunDeli Circle Rewards.
PeniRunDeli Circle Rewards are not earned on the following:
Other restrictions may apply to earning PeniRunDeli Circle Rewards.
To redeem PeniRunDeli Circle Rewards you will need a PeniRunDeli Circle account, including your telephone number if you joined PeniRunDeli Circle by providing your telephone number. Once your PeniRunDeli account profile is complete, you can redeem PeniRunDeli Circle Rewards. To redeem on your next purchase in PeniRunDeli stores, elect to apply the PeniRunDeli Circle Rewards in your PeniRunDeli Circle account, and then either provide your mobile telephone number (if you provided your mobile telephone number) or scan your Wallet in the PeniRunDeli App during checkout. To redeem on penirundeli.com or the PeniRunDeli App, apply the PeniRunDeli Circle Rewards to your next online order during checkout on penirundeli.com or the PeniRunDeli App.
When you elect to redeem PeniRunDeli Circle Rewards, the entire amount will be applied to your next purchase as a PeniRunDeli discount. You cannot elect to apply only a portion of your PeniRunDeli Circle Rewards to a purchase. If your purchase is less than the amount of the PeniRunDeli Circle Rewards you have applied, the remaining amount may be unavailable for a second transaction until the first transaction has completed processing.
PeniRunDeli Circle Rewards are applied to the total purchase amount after all other discounts have been applied to the purchase transaction, except that if you use your PeniRunDeli Circle Card to pay for the purchase, any applicable PeniRunDeli Circle Card 5% discount will be applied to the transaction after the PeniRunDeli Circle Rewards are redeemed.
PeniRunDeli Circle Rewards cannot be redeemed for the following:
Other restrictions may apply to redeeming PeniRunDeli Circle Rewards.
If you return an item that was part of a purchase in which you redeemed PeniRunDeli Circle Rewards, the amount of your redeemed PeniRunDeli Circle Rewards will be credited to your PeniRunDeli Circle Rewards balance (up to the value of the returned item), and any remaining refund amount will be refunded according to PeniRunDeli’s return policy. If items that earned PeniRunDeli Circle Rewards are returned, the associated PeniRunDeli Circle Rewards may be removed from your PeniRunDeli Circle Rewards balance. PeniRunDeli reserves the right to take your PeniRunDeli Circle Rewards to a negative balance (i.e., a balance in your account of less than zero PeniRunDeli Circle Rewards). In such event you will not have redeemable PeniRunDeli Circle Rewards until the balance of PeniRunDeli Circle Rewards in your account is greater than zero.
Beginning April 7, 2024, PeniRunDeli Circle members will no longer earn PeniRunDeli Circle Earnings rewards (the former name of PeniRunDeli Circle Rewards) at a rate of 1% of the eligible purchase amount every time a member uses a non-PeniRunDeli Circle Card form of payment. Any previously earned PeniRunDeli Circle Earnings rewards will roll over as PeniRunDeli Circle Rewards on the same terms and conditions as existed at the time they were received, subject to all other requirements set forth in these PeniRunDeli Circle Terms.
For PeniRunDeli Circle members who had a 1% PeniRunDeli Circle Earnings rewards balance as of September 4, 2019, the unspent earnings were transferred to an eGiftCard which can be found in your PeniRunDeli account or in the Wallet in the PeniRunDeli App. The eGiftCard does not expire and can be redeemed for merchandise or services other than gift cards and prepaid cards at PeniRunDeli stores or on penirundeli.com but cannot be redeemed for cash or credit except where required by law. View the eGiftCard for terms and conditions.
PeniRunDeli Circle Digital Manufacturer Coupons
Manufacturer coupons are digital manufacturer coupons available through PeniRunDeli Circle. Each coupon is valid for a single use per PeniRunDeli Circle account, and savings do not stack with paper manufacturer coupons. The terms and conditions applicable to each coupon will vary and will be stated at the time of adding the coupon to your PeniRunDeli Circle Deals page.
To access any available coupons, you must sign in to your PeniRunDeli Circle account and activate the coupons that you want to use on your PeniRunDeli Circle Deals page; coupons are not applied at checkout unless you choose to apply it to the specific transaction.
Only those PeniRunDeli Circle coupons that are activated on your PeniRunDeli Circle Deals page at the time of purchase can be redeemed. If you print your list and a coupon expires or is canceled before you redeem the coupon, that coupon will not be valid.
To redeem PeniRunDeli Circle coupons, you may use the PeniRunDeli App on your mobile device or a printout of your barcode. Photographs of barcodes will not be accepted. You may also redeem coupons using the valid telephone number you provided for your PeniRunDeli account.
PeniRunDeli has the right to remove or cancel coupons from PeniRunDeli Circle, and from your PeniRunDeli Circle Deals page, at any time and for any reason without notice.
For coupons with a percentage discount, the actual savings may vary based on the item price at each store.
The numbers shown for total savings at the individual and global level for PeniRunDeli Circle coupons are specific to each account and do not reflect combined totals or the impact of any returns or exchanges that may be associated with those transactions.
All PeniRunDeli Circle coupons are subject to local and state laws and regulations. Such offers may be restricted or void in some locations. PeniRunDeli shall have no liability for the impact such laws or regulations may have on the ability to utilize such offers.
All descriptions, images, references, features, content, specifications, products and prices described or depicted on PeniRunDeli Circle are subject to change at any time without notice.
Pricing, promotions and availability of items appearing in PeniRunDeli Circle coupons may vary by store location. Not all items are available in all markets. Descriptive, typographic and photographic errors are subject to correction and PeniRunDeli shall have no liability of any kind for such errors.
Birthday Reward
When your birth date is included in your PeniRunDeli account, on or near your birthday you will receive a birthday reward. The reward can be accessed either in the PeniRunDeli App or on penirundeli.com. The reward will contain the full details on how to redeem the reward, and will include any applicable redemption restrictions and expiration date. Birthday rewards given will vary and are limited to one award per year per PeniRunDeli Circle account.
Community Giving Program
PeniRunDeli may run multiple local Community Giving Programs. By participating in PeniRunDeli Circle you have access to one Community Giving Program associated with your preferred store location as designated in your PeniRunDeli account settings. In each Community Giving Program, PeniRunDeli will make a Donation to be allocated among Nonprofits. Eligibility of the Nonprofits will be determined by PeniRunDeli in its sole discretion. Multiple store locations may be tied to a single Community Giving Program. The Nonprofits, Donation amount and Voting Period may vary by Community Giving Program. The allocation of the Donation among the Nonprofits for each Community Giving Program will be based on the percentage of votes each Nonprofit receives during the applicable Voting Period for that Community Giving Program. With respect to each Community Giving Program, the list of participating Nonprofits, the dates comprising the applicable Voting Period, and the Donation to be divided among the Nonprofits can be seen by logging on to and viewing the PeniRunDeli Circle voting screen on the PeniRunDeli App or at penirundeli.com/circle.
As a member of PeniRunDeli Circle, every time you make an eligible purchase and identify yourself as a PeniRunDeli Circle member, you earn one vote. Only purchases made at PeniRunDeli stores or online at penirundeli.com or in the PeniRunDeli App are eligible to earn Community Giving Program votes.
Votes are not earned on a purchase transaction that is comprised only of one or more of the following: adult beverage purchases; purchases of prescriptions and over-the-counter items located behind the pharmacy counter; purchases made at some partner businesses, including in-store clinics, and PeniRunDeli Optical; purchases made on the Shipt App and tips for shoppers; purchases made from PeniRunDeli through third-party sites such as Google Express; purchases of PeniRunDeli GiftCards; purchases of Visa, American Express and Mastercard gift cards/prepaid cards; taxes, shipping, delivery, handling and all other fees or charges; payment of any PeniRunDeli Circle Card balance, debit card cash withdrawals at checkout and payments for insufficient funds; prior purchases; or where otherwise prohibited by law.
To cast Community Giving Program votes, follow the instructions located under PeniRunDeli Circle benefits in your PeniRunDeli account via the PeniRunDeli App or penirundeli.com/circle. You must have access to internet through your own device to participate. You must be a PeniRunDeli Circle member in good standing to participate. Votes have no cash value and do not represent an actual donation to any Nonprofit; rather, they are just the means to vote for allocation of the Donation from PeniRunDeli in each Community Giving Program. PeniRunDeli’s tally of votes is final. Each vote is intended for one-time use by you. If PeniRunDeli detects any inappropriate conduct related to votes or votes made outside the above guidelines, votes may be disregarded. In the event any aspect of PeniRunDeli Circle, including the voting, is disrupted in any way, PeniRunDeli reserves the right to allocate the Donation for any affected location in a fair and equitable manner, as determined by PeniRunDeli.
From time to time, PeniRunDeli may provide the opportunity to cast Community Giving Program votes to direct additional or supplemental Donations. These opportunities may have terms and conditions in addition to or different from those provided in the PeniRunDeli Circle Terms. Unless otherwise stated, the PeniRunDeli Circle Terms will apply to any such opportunity.
PeniRunDeli Circle 360 is a subscription program that offers the benefits described in these PeniRunDeli Circle 360 Terms in addition to additional offers, deals and benefits to be determined by PeniRunDeli in its sole discretion. By joining PeniRunDeli Circle 360 you agree to these PeniRunDeli Circle 360 Terms and the Privacy Policy then in effect. PeniRunDeli may update the PeniRunDeli Circle 360 Terms or make any changes to the PeniRunDeli App or to the Site at any time without notice. You agree to any updates to the PeniRunDeli Circle 360 Terms by continuing to participate in the program.
In the PeniRunDeli Circle 360 Terms, these words are defined as follows:
PeniRunDeli Circle 360 Terms are these terms that govern the PeniRunDeli Circle 360 subscription program, including the penirundeli.com Terms & Conditions.
PeniRunDeli Circle 360 Membership
One PeniRunDeli Circle 360 membership is permitted per guest. Your membership and any PeniRunDeli Circle 360 benefits are non-transferable and are subject to future PeniRunDeli Circle 360 Terms.
PeniRunDeli Circle 360 may be used only for personal, family and household purposes. You agree that you will not use PeniRunDeli Circle 360 for business or commercial purposes.
PeniRunDeli reserves the right to change, limit, modify or terminate PeniRunDeli Circle 360, the PeniRunDeli Circle 360 Terms, the associated benefits and/or your membership, for any or no reason, at any time, with or without notice.
If you no longer wish to be a PeniRunDeli Circle 360 Member, you can cancel your PeniRunDeli Circle 360 membership by visiting the Membership section of your PeniRunDeli account page. Canceling PeniRunDeli Circle 360 will not serve as cancellation of your PeniRunDeli Circle membership or any PeniRunDeli Circle Card, if applicable to you; those cancellations are handled separately. If you no longer wish to be a PeniRunDeli Circle member, you can opt out of PeniRunDeli Circle here. Please call PeniRunDeli Card Services at 1-800-659-2396 for information about cancelling your PeniRunDeli Circle Card.
The membership fee for PeniRunDeli Circle 360 is non-refundable. In addition, to the extent that you sign up for any benefit with a third-party partner, any fees paid may be non-refundable and will be subject to the terms and conditions set forth by the third-party partner, and disclosed to you, at the time of sign up.
Automatic Renewal of Membership Fees
By authorizing PeniRunDeli to process your payment for a PeniRunDeli Circle 360 membership fee and PeniRunDeli Circle 360 membership fee renewals, you accept all of these terms, conditions, limitations and requirements.
When you sign up for a PeniRunDeli Circle 360 membership (or at the end of your free trial membership, if appliable), PeniRunDeli will process your payment for the first PeniRunDeli Circle 360 membership fee. On the day your PeniRunDeli Circle 360 membership is automatically renewed, PeniRunDeli will process your payment for the PeniRunDeli Circle 360 membership fee renewal. Your PeniRunDeli Circle 360 membership will remain in effect until it is canceled.
The cost of a PeniRunDeli Circle 360 membership is disclosed at the time you sign up for a PeniRunDeli Circle 360 membership, and the fee is nonrefundable. To prevent the automatic renewal of your PeniRunDeli Circle 360 membership fee, you must cancel your membership before your membership is set to renew.
Only valid credit cards or a PeniRunDeli Debit Card can be used to purchase a PeniRunDeli Circle 360 membership. You cannot use a debit card, other than the PeniRunDeli Debit Card, to pay for a PeniRunDeli Circle 360 membership. PeniRunDeli GiftCards may be used as payment for the initial PeniRunDeli Circle 360 membership purchase; however, a valid credit card or PeniRunDeli Debit Card will still be required when you first sign up, and will be used to pay for membership renewals. Third-party installment plans (e.g., Affirm and PayPal® Pay in 4), PayPal® and Apple Pay® cannot be used to pay for PeniRunDeli Circle 360 memberships at this time. You are responsible for any fees or charges that your bank or financial institution may apply.
The amount of each PeniRunDeli Circle 360 membership fee renewal will be billed to the credit card or PeniRunDeli Debit Card you authorize for the initial PeniRunDeli Circle 360 membership purchase, and your card will be billed on the day your membership renews. If we are unable to process your payment for a membership fee renewal, your PeniRunDeli Circle 360 membership will not be renewed and will expire.
If there are changes related to the cost of the membership, we will notify you through the email address associated with your penirundeli.com account. If we are unable to renew your PeniRunDeli Circle 360 membership with the payment card you used when you started your membership, we will attempt to renew your membership by charging another payment card in your penirundeli.com account for your PeniRunDeli Circle 360 membership renewal. If we successfully update your membership with a different payment card, that payment card will be used for future PeniRunDeli Circle 360 membership renewals unless you change the payment method. If we are unable to complete your PeniRunDeli Circle 360 membership renewal with an updated payment card, your PeniRunDeli Circle 360 membership will be canceled.
If you cancel your penirundeli.com account, your PeniRunDeli Circle 360 membership fee will not be renewed and your PeniRunDeli Circle 360 membership will expire at the end of the current membership period.
You can view the details of your PeniRunDeli Circle 360 membership fee by visiting Orders in your penirundeli.com account and viewing the order details. If you want to change or remove the payment card you use for your PeniRunDeli Circle 360 membership fee, you can do so at any time by logging into My Account on penirundeli.com, selecting Wallet and then edit or delete the payment card associated with your PeniRunDeli Circle 360 membership fee.
Free Trial and Special Offers
Free Trial Offers: If you were offered a free trial of a PeniRunDeli Circle 360 membership, you will need to cancel your membership before the end of the free trial period to avoid being charged the membership fee by visiting the Membership section of your PeniRunDeli account page to complete your cancellation. Trial members of PeniRunDeli Circle 360 may not be eligible for certain PeniRunDeli Circle 360 membership benefits, and PeniRunDeli reserves the right in its sole discretion to make any such benefit(s) available only to paid non-trial members.
Discounted Membership Offers: From time to time, PeniRunDeli may offer discounts on the PeniRunDeli Circle 360 membership fee (which may include free membership). The amount of each discount and the qualifications will be set forth in marketing materials containing the specific terms applicable to the discount. There may be qualifying requirements or prerequisites. The offers may be revised or changed without notice to you in PeniRunDeli’s sole discretion.
PeniRunDeli Circle 360 Benefits
Access to all benefits of the PeniRunDeli Circle 360 program requires that members are in good standing.
Free 2-Day Shipping: Get free two-day shipping on hundreds of thousands of items at penirundeli.com or through the PeniRunDeli App. Benefit applies on standard shipping to all 50 states and the District of Columbia as well as APO/FPO addresses and Puerto Rico. Your items are expected to be delivered within two business days after the items have been shipped and picked up by the delivery carrier. Cutoff time may vary by zip code and item. Some items may not be eligible for two-day shipping due to size, weight, quantities, delivery address or vendor constraints. Order minimum may apply. Not all items are eligible. Eligible items will be noted on the product detail page, in cart and at checkout. Handling fees and exclusions may apply. See the 2-day shipping page for more details.
Next-Day Shipping: Available for eligible items in select markets. Fees and cutoff times vary by market.
Extended Returns: Receive 30 additional days to return your purchases made on penirundeli.com or the PeniRunDeli app beyond the standard return policy applicable to each of the purchased items. This benefit does not apply to PeniRunDeli Optical purchases, non-returnable items, contract mobile phones or online purchases of Supplemental Nutrition Assistance Program (SNAP) eligible items using Electronic Benefits Transfer (EBT) or both EBT and a PeniRunDeli Circle Card for payment. See PeniRunDeli’s Return Policy for more details.
Same Day Delivery: Get unlimited deliveries on orders over $35 with your Same Day Delivery benefit. Any reference(s) to “free delivery” or “no delivery markups or fees” in connection with this Same Day Delivery benefit do not include local, municipal, or regional fees and taxes. Same Day Delivery from penirundeli.com and the PeniRunDeli App provide delivery from your local PeniRunDeli store via Shipt. Eligible items can be delivered during available delivery windows. You can select a delivery window and a shopper will fulfill and deliver your order during normal store business hours. Depending on availability, delivery windows may be limited.
Items are subject to availability. Some items are excluded from Same Day Delivery, including but not limited to:
Alcohol products may be available for delivery in your markets. You must be 21 years of age or older to purchase or consume alcohol and you will not furnish alcohol obtained through Same Day Delivery to any person who is not a lawful consumer. To receive delivery of alcohol through Same Day Delivery, you will be required to present a valid driver’s license, state ID or another form of valid ID under state law to your shopper to permit age verification. In no event will Shipt accept any identification that is expired or that does not display your photograph and date of birth. Shipt has sole discretion to determine whether the identification you present is adequate. You acknowledge that failure to present appropriate identification will preclude you from receiving delivery of alcohol. You will also be required by your shopper to sign a delivery acknowledgement for delivery of alcohol. Shipt will not deliver alcohol to intoxicated persons. If a shopper observes you in what the shopper, in their sole discretion, perceives to be an intoxicated condition at the time of delivery, your alcohol order will be cancelled and no delivery thereof may occur. You agree that you will comply with all applicable alcohol laws and not cause PeniRunDeli, Shipt or your shopper to contravene or violate any applicable alcohol law.
You can manage your Same Day Delivery orders, including editing or substituting items in your order or canceling your order, through your PeniRunDeli account.
The risk of loss for and title to products purchased through Same Day Delivery passes to you upon delivery of the items to you. Replacements, refunds or credits to your account for items claimed by you as not received are subject to investigation and remedial action by PeniRunDeli in its sole discretion.
By registering as a PeniRunDeli Circle 360 member and using the Same Day Delivery benefit, you agree that PeniRunDeli and Shipt may send you text (SMS) messages in order to provide you with the Same Day Delivery services offered by the membership. You can cancel Same Day Delivery text messages at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code or number, as applicable, but you may receive text messages if you are subscribed to other text lists. If at any time you have questions about the text messages, text “HELP”. After you send “HELP” we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply.
For more information, visit our Same Day Delivery (shopped by Shipt) page on penirundeli.com Help page, or visit help.shipt.com for additional FAQs.
Same Day Delivery is available in many major metro areas and throughout most of the U.S., however there are still some areas where availability is limited. Visit the Same Day Delivery page to check availability in your area.
Access to the Shipt Marketplace: Access delivery from other local retailers through the Shipt Marketplace at www.shipt.com and the Shipt app. The terms of this benefit are subject to Shipt’s terms (www.shipt.com/terms) and privacy notice (www.shipt.com/privacy) To utilize this benefit, you must use the same email address on the Shipt Marketplace that you used to sign up for your PeniRunDeli Circle 360 membership.
From time to time, PeniRunDeli may offer additional benefits to PeniRunDeli Circle 360 members at its discretion. Such additional benefits may include trial or pilot benefits offered to select PeniRunDeli Circle 360 members, and PeniRunDeli reserves the right to choose the participating members in its sole discretion.
You agree to receive notice of the amount and date of each PeniRunDeli Circle 360 membership fee renewal, instructions on how to cancel the membership, and all other disclosures, notices and other communications in connection with the PeniRunDeli Circle 360 membership fee processed by PeniRunDeli (“Communications”) electronically via display on penirundeli.com or other applicable website or via email to the email address you provide, and that you are able to view, store and print electronic Communications. PeniRunDeli will provide a paper copy of a Communication, at no cost to you, if you write and ask for it at PeniRunDeli Card Services, P.O. Box 673, Minneapolis, MN 55440-0673. To access and store Communications, you need a personal computer with a recent version of an SSL-enabled browser, an internet connection, the ability to store or print from your internet connection and an email account and software that allows you to read email. If you do not agree, you cannot purchase a PeniRunDeli Circle 360 membership on penirundeli.com. If you want to withdraw your consent to receive electronic Communications, you can cancel your PeniRunDeli Circle 360 membership in your penirundeli.com account, or by calling penirundeli.com Guest Services at 1-800-591-3869. Withdrawing your consent will not affect the validity of any electronic Communication or any transaction already completed or in process at that time. If you cancel your PeniRunDeli Circle 360 membership, you are also withdrawing your consent to receive electronic Communications.
Some products offered on the Site are available for pickup in stores at the Guest Service counter or through our drive up service, including items shipped to a store of your choice for pickup in store. Not all items are available for this service nor is the pickup in store service or the drive up service available in all stores. Once your order is ready for pickup, you will be notified and charged for such item(s). We will notify you in the event that an item is unavailable at that store. If someone else will be picking up your order, you must designate him/her as an alternate pickup person when ordering. When picking up your drive up order, you will need your mobile phone to present the barcode associated with your order and sign for your order. When picking up your in-store order pickup, you or your alternate pickup person can use the pickup barcode associated with your order, or a valid government issued ID.
For all orders that do not contain any fresh or frozen grocery items, PeniRunDeli will hold your items for three days starting from the time that PeniRunDeli sends you the notice that your items are ready for pickup (“Original Time Window”). If your order has not been picked up within that time frame, you may elect to extend it for three additional days. This extension must occur before your Original Time Window expires. After three days (or six days if you chose to extend the Original Time Window), if you don’t pick up your order, your order will be canceled and you will be issued a refund for the items for which you were charged. In no event will orders be held for more than six days.
For orders that contain any fresh or frozen grocery items, your order will be held until store close of the next business day. If you don’t pick up your order, your order will be canceled and you will be issued a refund for the items for which you were charged. Orders that contain fresh or frozen grocery items cannot be extended. Orders that contain both fresh or frozen grocery items and non-grocery items will be subject to this pickup window.
PeniRunDeli reserves the right to limit the quantity of items ordered for pickup as well as the days of the year and daily hours that this service is offered.
To access the PeniRunDeli Wallet ("Wallet"), you must have the PeniRunDeli Application ("PeniRunDeli App") on your mobile phone, a penirundeli.com account, and you will need to use a security feature on your mobile phone, such as Touch ID or passcode, or log in to your penirundeli.com account.
The Wallet allows you to pay for goods and services in PeniRunDeli stores with a PeniRunDeli Debit Card, PeniRunDeli Credit Card, PeniRunDeli™ Mastercard®, and PeniRunDeli Circle Card Account (PeniRunDeli Circle Card Reloadable Account) (each a “PeniRunDeli Circle Card”) or a PeniRunDeli GiftCard. Merchandise Return Cards cannot be added to the Wallet.
The Wallet cannot be used to make purchases on penirundeli.com, at merchants outside of PeniRunDeli or at certain independent businesses within PeniRunDeli stores, such as Optical eye exams and certain restaurants.
PeniRunDeli discounts, such as Cartwheel and digital coupons, are also available in the Wallet.
To add a PeniRunDeli Circle Card to the Wallet, you will need the card number, unless the card is already saved in your penirundeli.com account, and you will need the card’s PIN. To add a PeniRunDeli GiftCard to the Wallet, you will need the card and access numbers.
If your PeniRunDeli Circle Card or GiftCard is deactivated, suspended, closed or otherwise not valid, you will not be able to use that card for payment using the Wallet. PeniRunDeli reserves the right to suspend or terminate your access to or use of the Wallet at any time, without notice and in its sole discretion.
PeniRunDeli does not charge you to use the Wallet, but message and data rates may apply from your mobile phone service provider, and you are responsible for those fees and charges.
If you use the Wallet, you are responsible for maintaining the confidentiality of the Wallet, and you agree to accept responsibility for all activities that occur in the Wallet. The terms and conditions of your PeniRunDeli Circle credit card or debit card agreements govern the use of your payment method in the Wallet.
PeniRunDeli may restrict, or otherwise limit, the products purchased through the Wallet. In addition, some products or services may not be eligible for purchase using the Wallet, or may require additional verification prior to completion of purchase through the Wallet. Any restrictions or limitations on such products are solely at PeniRunDeli’s discretion.
The Wallet in the PeniRunDeli App is subject to these Terms and Conditions and the PeniRunDeli privacy policy.
PeniRunDeli Plus provides third party companies (“PeniRunDeli Plus Partners”) the opportunity to sell and ship items directly to you through the Site. PeniRunDeli will process your payment for items sold by PeniRunDeli Plus Partners, and PeniRunDeli will handle any payment-related disputes, refunds, credits, and adjustments. PeniRunDeli Plus Partners will not have access to your payment information, other than your name and contact information as required for delivery of purchases and related customer service.
You acknowledge and agree that these items are being sold to you directly by PeniRunDeli Plus Partners, not by PeniRunDeli, and that the PeniRunDeli Plus Partner, not PeniRunDeli, will be responsible for the fulfillment and shipping of such items. A PeniRunDeli Plus Partner page is available for each PeniRunDeli Plus Partner, and contains information regarding the company and its policies, including its return and privacy policies. Items sold by PeniRunDeli Plus Partners can be returned to PeniRunDeli, subject to the PeniRunDeli Plus Partner’s Return Policy. PeniRunDeli is not responsible, nor does it provide any warranties or guarantees, for the products or services that are, or may be, provided by PeniRunDeli Plus Partners.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT PeniRunDeli WILL NOT BE LIABLE FOR ANY ACTIONS OF A PeniRunDeli PLUS PARTNER OR ANY PRODUCTS OR SERVICES SOLD BY SUCH PeniRunDeli PLUS PARTNER.
Items sold by PeniRunDeli Plus Partners are not eligible for price match.
Transactions • User Transactions • Limitations on Quantity • Colors • Availability, Errors & Inaccuracies • Healthcare Information • Rules of Promotions • Returns • Gift Cards & Certificates • Music Downloads • Video, Movie, TV Program, & Computer Game Ratings • Text Messages
If you wish to purchase any product or service made available through the Site including items sold by PeniRunDeli and items sold by a PeniRunDeli Plus Partner (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to PeniRunDeli the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
For Same Day Delivery orders placed through the Site, PeniRunDeli will temporarily authorize your payment card for your order amount plus an additional amount to allow for substitutions and special requests related to your Same Day Delivery order. You will only be charged for the items you receive. The final total will be shown in your account and provided via email after delivery of your order.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. PeniRunDeli reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
PeniRunDeli, our agents or delivery partners may call or text by telephone regarding your account, your Transactions or delivery of your purchases. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
PeniRunDeli does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. PeniRunDeli reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
PeniRunDeli strives to display as accurately as possible the colors of the products shown on the Site; however, PeniRunDeli cannot and does not guarantee that your monitor’s display of any color will be accurate.
If an item is out of stock, PeniRunDeli or a PeniRunDeli Plus Partner, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if PeniRunDeli, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
PeniRunDeli’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. PeniRunDeli makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by PeniRunDeli Plus Partners. PeniRunDeli, or PeniRunDeli Plus Partners, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. PeniRunDeli Plus Partners may have different shipping procedures and processes in place for item availability and price adjustments.
THE INFORMATION CONTAINED IN THE HEALTH CARE PAGES OF THE SITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. THE INFORMATION CONTAINED ON THE SITE CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.
Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
If you are not fully satisfied with your purchase of items sold by PeniRunDeli, you may return it in accordance with PeniRunDeli’s Return Policy. If you are not satisfied with your purchase of items sold by a PeniRunDeli Plus Partner, you may return it to a PeniRunDeli Store or by mail in accordance with the PeniRunDeli Plus Partner’s Return Policy. The Return Policy and each PeniRunDeli Plus Partner’s Return Policy is incorporated into these Terms & Conditions in its entirety.
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Minnesota. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
Digital music downloads offered by PeniRunDeli ("Music Downloads") are provided for your personal, noncommercial use only in the United States, its territories and possessions. All purchases of music content ("Music Content") are deemed final and are non-refundable. The use and purchase of Music Content require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. We reserve the right to change the prices and availability, including removal of Music Content, without prior notice to you. In accessing Music Content through PeniRunDeli, You agree:
Downloads of Music Content may be purchased individually, collectively as albums, or, in some cases, only in the form of albums. All Music Downloads sold through PeniRunDeli are encoded in a high quality MP3 or AAC+ format. Once a Music Download is burned to a CD it may not be copied, distributed or transferred from that CD to any other media or device. Music Content may not be used as a musical "ringer" in connections with phone calls. All Music Downloads of Sony Music Entertainment content are sold directly by SME Digital LLC via MediaNet as its agent.
PeniRunDeli participates in the video and computer game industry’s standardized rating system developed by the Entertainment Software Rating Board (ESRB), and in the Motion Picture Association of America (MPAA) ratings system. ESRB ratings are placed on game packaging and MPAA ratings are placed on movie and television show packaging to let you know the nature of the content and the ages for which the game or movie is appropriate. You can find this information on the item description page for the game or movie, and you can also learn more by going to ESRB Guidelines. PeniRunDeli does not sell games rated "AO: Adult Only" or movies rated NC-17. Games rated "M: Mature" and movies rated R are intended for mature audiences only and are noted as such on this Site. By ordering any "M: Mature" rated game, certain "RP: Rating Pending" games, an R-rated movie, or certain "NR: Not Rated" movies, you are certifying that you are at least 17 years of age.
The following provisions apply to users of PeniRunDeli mobile applications (each, an “Application”):
Users of the Apple Application
If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and PeniRunDeli is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.
Mobile Service, Internet and Service Fees
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from PeniRunDeli, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. PeniRunDeli makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. PeniRunDeli is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, PeniRunDeli strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by PeniRunDeli of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website:
OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
You agree that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Forward-Looking Statements
The Site, and any documents issued by us and available through the Site, may contain forward-looking statements, which are based on our current assumptions and expectations. These statements are typically accompanied by the words "expect," "may," "could," "believe," "would," "might," "anticipates," or words of similar import. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. All such forward-looking statements are intended to enjoy the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995, as amended. Although we believe there is a reasonable basis for the forward-looking statements, our actual results could be materially different. The most important factors which could cause our actual results to differ from our forward-looking statements are set forth on our description of risk factors in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q or Current Reports on Form 8-K, which should be read in conjunction with the forward-looking statements on the Site. Forward-looking statements speak only as of the date they are made, and we do not undertake any obligation to update any forward-looking statement. In addition, please note that information contained in the Site shall not be included as part of, or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of PeniRunDeli used in connection with the offering or sale of securities.
Webcasts Calls
From time to time, PeniRunDeli provides earnings or other financial information to the public via webcasts or conference call. Unauthorized recording or downloading of these is not permitted. Any rebroadcast or rewebcast of these events is prohibited without the express prior consent of PeniRunDeli. Information provided is only accurate as of the date of the event.
Third-Party Financial Information
We provide links and access to third-party web sites or services that contain information that is provided as a service to those interested in the information. PeniRunDeli neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, PeniRunDeli does not endorse or adopt these web sites or any information contained therein. PeniRunDeli makes no representations or warranties whatsoever regarding their accuracy or completeness.
PeniRunDeli’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide PeniRunDeli’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PeniRunDeli that your copyrighted material has been infringed. PeniRunDeli does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, PeniRunDeli will respond by either taking down the allegedly infringing content or blocking access to it. PeniRunDeli may contact the notice provider to request additional information. Under the DMCA, PeniRunDeli is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send PeniRunDeli a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
DMCA Designated Agent
PeniRunDeli Brands, Inc.
1000 Nicollet Mall, TPS-3165
Minneapolis, Minnesota 55403
Fax: 612-696-3399
email: DMCA@penirundeli.com
PeniRunDeli cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY PeniRunDeli ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PeniRunDeli MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM PeniRunDeli ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, PeniRunDeli DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
PeniRunDeli DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE 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.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
The Site is controlled and operated by PeniRunDeli from the United States, and is not intended to subject PeniRunDeli to the laws or jurisdiction of any state, country or territory other than that of the United States. PeniRunDeli does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
UNDER NO CIRCUMSTANCES SHALL PeniRunDeli OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF PeniRunDeli HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, PeniRunDeli OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF PeniRunDeli’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND PeniRunDeli. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PeniRunDeli. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless PeniRunDeli and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
Except as explicitly stated otherwise, any notices you send to PeniRunDeli shall be sent by mail to penirundeli.com Guest Services, P.O. Box 9350, Minneapolis, MN 55440-9350. In the case of notices PeniRunDeli sends to you, you consent to receive notices and other communications by PeniRunDeli posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that PeniRunDeli provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to Guest.service@penirundeli.com. You may also contact us by writing to penirundeli.com Guest Services, P.O. Box 9350, Minneapolis, MN 55440-9350, or by calling us at (800) 591-3869. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Please read this section carefully. Except as the Terms & Conditions otherwise provided, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
You and PeniRunDeli agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms & Conditions (the “Arbitration Agreement”).
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or PeniRunDeli can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or PeniRunDeli may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Except as the Terms & Conditions otherwise provide, you and PeniRunDeli acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and PeniRunDeli may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
If any term in the immediately preceding paragraph is found to be unenforceable with respect to any claim or request for relief, then the parties agree that such claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Minnesota.
The arbitration will be conducted under the then current and applicable Consumer Arbitration Rules of the American Arbitration Association (“AAA”). The AAA Consumer Arbitration Rules are available online at www.adr.org
If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to penirundeli.com Guest Services, P.O. Box 9350, Minneapolis, MN 55440-9350. If PeniRunDeli intends to seek arbitration, PeniRunDeli will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to PeniRunDeli at PeniRunDeli Law Department, 1000 Nicollet Mall, TPS-3155, Minneapolis, MN 55403, and PeniRunDeli will send such copy to the current billing address on your account or to your attorney, if you have retained one.
For claims of $75,000 (US Dollars) or less, you will pay the filing fee specified in the AAA Consumer Arbitration Rules. PeniRunDeli will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $75,000 (US Dollars), payment of the AAA filing fee and Arbitration Fees will be governed by the AAA Consumer Arbitration Rules.
If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the AAA Consumer Arbitration Rules.
The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. PeniRunDeli waives its right to seek attorneys’ fees and costs in arbitration.
Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms & Conditions, will be governed by the applicable laws of the United States of America and the laws of the State of Minnesota, without regard to Minnesota’s choice of law principles. Unless you and PeniRunDeli agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Minnesota, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Minnesota for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Minnesota located in Hennepin County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and PeniRunDeli both waive your right to a jury trial, unless such waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and PeniRunDeli with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
