Terms of Service
Last modified: September 7, 2016
By using Google Express (“GX”) you:
(a) understand that (i) Google may access and use your Google Payments info (billing addresses, shipping addresses, and phone numbers) and other personal info (like names and email addresses along with your orders) according to our Privacy Policy, (ii) we may share this info with merchants, delivery personnel, and other third-party vendors to fulfill your orders, and for analytics, and (iii) if you belong to merchant membership programs, this info may also be used by them according to their membership program terms; and
(b) agree to be bound by our (i) Google Terms of Service, and (ii) these GX Terms of Service (the “GX Terms”):
1. Use of Ordered Items.
Items purchased via GX are for personal use only, except items that you purchase for your business, like office supplies, can be purchased via GX for use by your business, but not for commercial resale.
2. Order Cancellations.
If you would like to cancel a GX order once it has been placed you can request cancellation online through your GX account. Google cannot guarantee that we will be able to cancel the order. If you receive delivery of an order you attempted to cancel you must complete the GX returns process in order to receive a refund for that order (the standard GX refund policy will apply). If you order an item that turns out to be unavailable at the merchant store location you selected, the item may be sourced from another store location or swapped for a similar item according to your substitution preferences. If Google is unable to have any part of your order fulfilled for any reason (other than your not being present to sign for a delivery when that option is selected at checkout), Google will automatically cancel that part of your order and you will not be charged for the items that comprise the unfulfilled part of your order.
3. Signed-for Deliveries.
During checkout, if you choose to sign for delivery for an order and you are not present when the order arrives during the delivery window you chose, then you may be charged (a) for the value of the perishable items in your order, like cold groceries, and associated taxes and other fees, as those perishable items will be discarded, (b) a service fee to offset our costs in arranging for the redelivery or discarding of your order, or (c) both.
4. Return and Refund Policy.
You can find our return policy here. By placing a GX order you acknowledge and understand that attempting to collect a cash refund for a credit card purchase or initiating a fraudulent chargeback is prohibited by law and you hereby agree to indemnify, defend and hold harmless Google, the merchant and each of their affiliates from any claims, losses or liabilities arising from or in connection with your violation of the applicable return policy.
5. Item Prices and Related Fees.
Item prices and applicable fees (such as taxes and other fees that the merchant charges, like bottle deposits and e-waste fees) may vary. Prices on Google Express are set by each merchant, and in most cases you’ll pay the same amount as what you’d pay in-store.
If something's out of stock, the substitutes you get may have prices different from your original items. Because these prices (and the associated taxes and other fees the merchant charges) may vary based on current in-store or in-warehouse item prices and availability, we authorize your card for an estimated amount that includes a reasonable buffer to cover that variance, and the total will show on your final receipt. Because item prices are set by merchants, sometimes you’ll see higher prices on Google Express than in-store. If the total exceeds the designated reasonable buffer for your order, then part or all of your order will be automatically declined and you may choose to resubmit the declined part of your order at the new price.
Items are purchased from individual stores as listed in your cart and your order history. The shipping & service fee is not a tip. All service fees are paid to Google.
6. Title, Estimated and Final Sales Taxes.
GX sales are online sales and are processed as online transactions. You will receive an electronic receipt for your order. Google does not take title for any GX items. Rather, title for each item you purchase will pass directly from the merchant to you, either in the merchant’s store at the point of sale if Google arranges for delivery of the items, or at the delivery address if the merchant arranges for delivery of the items from the merchant’s warehouse or distribution center. Sales tax will be calculated at the time title passes to you. Google may display estimated taxes on your purchase to you online during the GX purchase process; however, your final receipt will display the final sales tax calculated. Each merchant is solely responsible for calculating and informing Google how much sales tax to collect on each order. Google will collect the instructed amount from you on behalf of the merchant and will remit those funds to the merchant.
7. Merchant Loyalty Programs.
When ordering from a merchant via GX you may provide Google with your account number for that merchant’s loyalty/rewards program and Google will pass that information to the merchant. If the merchant has deemed GX orders eligible to receive benefits or discounts under their program then you may receive such benefits and discounts for eligible purchases. Google has no control over which benefits and discounts are ultimately provided to you, and Google bears no responsibility for any merchant loyalty or reward programs. Each GX merchant reserves the right to refuse to grant loyalty/reward benefits or discounts for any GX order in their sole discretion. The terms and conditions applicable to a merchant’s loyalty/rewards program are between you and the merchant.
8. Warranties.
GX AND THE ITEMS PURCHASED THROUGH GX ARE BROUGHT TO YOU “AS IS” AND “WITH ALL FAULTS”. NEITHER GOOGLE NOR THE MERCHANTS THAT SELL THE ITEMS THROUGH GX MAKE ANY WARRANTIES OR PROMISES ABOUT THE ITEMS PURCHASED THROUGH GX. FOR EXAMPLE, NEITHER WE (NOR THE MERCHANTS) MAKE ANY PROMISES OR COMMITMENTS ABOUT THE FUNCTIONALITY OF THE ITEMS, OR THEIR QUALITY, DURABILITY, SAFETY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE (AND THE MERCHANTS) EXCLUDE ALL WARRANTIES AND WE (AND THE MERCHANTS) ALSO DISCLAIM AND EXCLUDE ALL REMEDIES, DAMAGES OR FINANCIAL LOSSES INCLUDING REPAIR AND REPLACEMENT REMEDIES, DIMINUTION IN ITEM VALUE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
If you need a copy of the manufacturer's warranty for a product purchased via GX, please contact the manufacturer or visit their website for more information. In some cases, you may be able to access the warranty information from the product's detail page within GX.
For items purchased from the Google Store merchant via GX, the Data and Deactivation, Defects; Warranties; Disclaimer of Warranties, and Device Features Outside of Google’s Control sections of the Google Store Terms of Sale for Devices applies to your purchase of those items.
9. Your GX Account.
Google may terminate or suspend your GX user account at any time for any reason. If any suspension or termination of your GX account by Google results in you not receiving an order placed before such suspension or termination, you will receive a full refund for such order.
10. GX Membership.
If you choose to sign up for a Google Express membership (a “GX Membership”), the terms stated below, and the additional terms and pricing found here will govern your participation in that program.
Free Membership Trial
From time to time GX Membership may be offered on a free trial basis (each a “Trial”). If you participate in a Trial, your participation will be governed by the terms found here.
Membership Cancellation by You
You may end your GX Membership at any time through any of the GX online properties. When you choose to end your membership, Google will ensure your membership does not renew on the next auto-renewal date, and you may continue to enjoy your GX Membership benefits until that date.
Membership Cancellation by Us
We may cancel your GX Membership any time for any reason without prior notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your GX Membership unless the cancellation is related to conduct that Google determines, in our sole discretion (i) violates the GX Terms, the Google Terms of Service or any applicable law; (ii) involves fraud or misuse of your GX Membership; or (iii) is harmful to our interests or another user. Google’s failure to insist upon or enforce your strict compliance with the GX Terms will not constitute a waiver of any of our rights.
11. Changes to the GX Terms
Google may add to, delete from or modify the GX Terms at any time. You should check the GX Terms regularly. Changes to the GX Terms will not apply retroactively, and will become effective 7 days after posting. If any change to the GX Terms is found invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF YOUR GX ACCOUNT AFTER WE CHANGE THE GX TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.