Welcome to Bella Bean Organics

Bella Bean Organics, Inc ("Bella," "us" or "we") has created this privacy and security statement (this "Statement") in order to demonstrate our commitment to the protection of personally identifiable information ("Personal Information") and the protection of privacy. Privacy on the Bella web site (the "Site") is of great importance to us. Since we gather important information from our visitors and customers, we established this Statement as a means to communicate our information gathering and dissemination practices. We reserve the right to change this Statement at any time.

If you have any questions about this Agreement or Bella Bean Organics please call us toll-free at 1-800-961-5261 or fill out the contact us form.

Information Collected from Visitors

We may collect certain information from visitors to the Site that will allow us to contact you in the future. In the event you express interest in obtaining additional information, or when you register to use the services offered on our Site (collectively, the "Service"), we may also ask for additional personal information, such as name, address and other contact information that may be used to send you additional information, or to complete the Service registration process.

Bella may also collect certain additional information from visitors to the Site such as Internet addresses and browser version and type. This information is logged by us to help diagnose technical problems, and to administer the Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying information and aggregate usage and volume statistical information from our visitors and customers and provide such anonymous statistical information to third parties.

If a Site visitor or customer elects to use our referral service for informing a friend about our Site, we ask them for the friend's name and email address, as well as your email address if you are a visitor. Bella will automatically send the friend a one-time email inviting them to visit the Site, but will not store or retain this information.

Cookies

When you interact with the Site, we strive to make your experience easy and meaningful. When you come to the Site, our Webserver sends a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive to tell site owners whether an individual has visited the website previously.

Standing alone, cookies do not contain Personal Information, and therefore do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to Bella, either by responding to a promotional offer or by opening an account, you remain anonymous to Bella. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. They include such information as a unique identifier for your browser.

Bella uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged onto the Site. This information allows Bella to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you have logged in to the Service. You will not be able to use the Service unless you enable your browser to accept cookies from the Site. Bella uses persistent cookies, that only Bella can read and use, to identify the fact that you are a Bella customer or prior Bella Site visitor (whatever the case may be). We are especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. Users who disable their Web browsers' ability to accept cookies will be able to browse the Site, however, you must enable cookies in order to use our Service.

Third Party Cookies: We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to the Site to help us administer the Site and improve its quality. Such third parties may use cookies to help track visitor behavior. Such cookies will not be used to associate individual Site visitors with any Personal Information. All data collected by such third parties on behalf of Bella is used only to provide us with information on Site usage and will not be shared with any other third parties.

Information Collected from Customers

We require customers who register to use the Service to provide us with additional Personal Information as well as other information related to your organization (“Customer Information”). Customer Information includes, but is not limited to, company or organization name, address, phone number, e-mail address(es), financial qualification information such as billing name, billing address, and credit card number, as well as the number of users within the organization that will be using the Service. As part of the registration process, we may also request additional Customer Information such as your title, department name, fax number, or additional company information. Customers can opt out of providing us with this additional information by not entering it when prompted to do so during the registration process. Customers can update their Personal Information at any time by contacting us.

Bella uses the collected Customer Information to set up the Service for customers, which may include providing customers with usernames and passwords. We may also use the Customer Information to contact customers to further discuss customer interest in Bella or the Service that we provide, to send information regarding Bella and its partners, to notify you about updates to the Service, or to deliver our customer newsletter. Customer email addresses and any Personal Information and/or Customer Information will not be distributed to or shared with any third parties. Customers can opt out of being contacted by us, or from receiving such information from us, at any time by contacting us with the words “opt out” written in the subject line.

Except as explicitly stated at the time we request Customer Information, or as provided for in the Bella __________________ Agreement, we will not disclose to third parties the financial or billing information provided by the customer. All financial and billing information that we collect through the Site is used solely to check the qualifications of prospective customers and to bill for the Service. Such information is not used by Bella for marketing or promotional purposes. Bella uses a third-party intermediary to manage credit card processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing. Other third parties, such as content providers, may provide content for the Site. Such content providers, however, are not permitted to collect any information about Bella customers, nor does Bella share Personal Information or Customer Information with such third parties.

Customers of the Service use the Site to host data and information (“Data”). Bella will not review, share, distribute, print, or reference any Data, except as allowed under the Bella __________________ Agreement, or as may be required by law. Individual Data records may at times be viewed or accessed by Bella only for the purpose of resolving a problem, support issues, or suspected violations of the Bella __________________ Agreement, or as may be required by law. Of course, customers are responsible for maintaining the confidentiality and security of their user registration and password.

Third-Party Sites

The Site contains links to third party websites. Bella is not responsible for the privacy practices or the content of any third party websites. Bella Site customers and visitors who link to other websites from the Site will need to check the privacy and security policy statement of such third party websites to understand the policies of such third party websites. Customers and visitors who access a linked site may be disclosing their private information to the owner of such third party websites. It is your responsibility to keep such information private and confidential.

Security

Our Site has security measures in place to help protect against the loss, misuse, and alteration of Data under our control. When you access our Site using a browser such as Microsoft Internet Explorer versions 5.5 or higher, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure that Data is safe, secure, and available only to you. Bella also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Site in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. These safeguards help prevent unauthorized access, maintain Data accuracy, and ensure the appropriate use of Data.

Opt-Out Policy

Bella offers its visitors and customers a means to choose how we may use Personal Information and Customer Information that you provide to us. If at any time after registering for information or ordering the Service you change your mind about receiving information from us or about sharing your Personal Information and Customer Information with third parties, send a request specifying your new choice to _____________________ with the words “opt out” written in the subject line.

License and Proprietary Rights

All Site content, design, text, graphics, and interfaces; Site collection, selection, and arrangement; and all software are the property of, or duly licensed to, Bella. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the purpose of subscribing to Bella. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than that noted above, without the prior written permission of Bella is strictly prohibited. You acknowledge that Bella and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading material. Bella reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Bella.

"Bella Bean Organics" and all Bella’s logos, titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Bella is proprietary to Bella and may not be used by you for any reason other than as expressly set forth herein. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Services.

Third-Party Information Providers and Merchants

In the future, Bella service may permit you to order and receive additional products, information, and services from Bella or businesses that are not owned or operated by Bella. In such instances, Bella acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Bella makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Bella makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

Access to Bella Bean Organics

You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the Site and with the terms set forth in this Statement. You represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations under it.

You acknowledge that from time to time Bella Bean Organics or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Bella may undertake from time to time; or (iii) causes beyond the reasonable control of Bella or which are not reasonably foreseeable by Bella.

You authorize your credit card to be charged for Services purchased including applicable taxes. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and e-mail address. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Bella. You will comply with all laws applicable to your activities on the Site, the Service and with this Statement.

To update or correct information provided to us, please update your account information by calling us at 1-800-961-5261. We protect your privacy to the extent required by law. We do not share customer information with third parties.

Acceptable Use Policy

You agree not to engage in unacceptable use of Bella Bean Organics, which includes, without limitation, use of Bella Bean Organics to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (g) engage in any other activity deemed by Bella Bean Organics to be in conflict with the spirit or intent of this Agreement.

Warranty Disclaimer

You expressly agree that use of the Site and the internet are entirely at your own risk. The Site and its contents are provided on an “as is,” “as available” basis. To the extent permitted by applicable law, Bella disclaims all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to the Service and the Site, or its contents or with respect to any information, services, and products provided through or in connection with Bella; Bella does not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. Bella makes no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the Site. Bella does not warrant that the functions provided by the Site will be uninterrupted or error free, or that this Site or the server that makes it available is free from viruses or other harmful components.

Limitation of Liability

Neither Bella nor any of its directors, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants, or licensors, or its or their successors or assigns (collectively, “Bella Bean Organics Parties”) shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, exemplary or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of, or the inability to use, the Site, the Service, or the internet. Bella ’ total liability to you for any claims shall be limited to providing you with an acceptable substitute for any product that is returned. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties. In such states and jurisdictions, Bella’s liability is limited to the greatest extent permitted by law.

The material in the Site is provided for lawful purposes only. Bella controls and operates this Site from its headquarters in Durham, NC, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.

Indemnification

You agree to defend, indemnify, and hold Bella Bean Organics Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Statement by you or through your use of the Service.

Entire Agreement

This Statement shall be governed by the laws of the State of North Carolina without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Bella or relating in any way to your use of the Service or the Site resides in the federal and state courts of North Carolina and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in Durham and Orange County, State of North Carolina in connection with any such dispute, including any claim involving Bella Bean Organics Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Entire Agreement

This Agreement is your entire agreement with Bella Bean Organics regarding the use of Bella Bean Organics and the Bella Bean Organics Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Bella Bean Organics, and Bella Bean Organics Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Bella Bean Organics or relating in any way to your use of Bella Bean Organics or the Bella Bean Organics Site resides in the federal and state courts of North Carolina and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in Durham and Orange County, State of North Carolina in connection with any such dispute, including any claim involving Bella Bean Organics Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Our Policies

Bella Bean Organics customers subscribe online or via telephone for a weekly or bi-weekly delivery of local and  organic produce and specialty food items.

The list of local and organic products we provide will change from week to week depending on the time of year and availability. We always try to offer a nice selection to our customers.

To start receiving our service you will need to give us a valid credit card number. We accept Visa, MasterCard, American Express, and Discover. It is the customer's responsibility to notify us of a change in cards or an expired card. We do not accept checks.

Once you subscribe for our service you will receive a box delivered to your desired location with the frequency that you have requested until we hear otherwise from you.

We delivery once a week. Our current delivery day is Tuesday. We reserve the right to change the delivery day at any time with seven days notice. Notice will be provided on our website and via email.

We do our best to get your delivery to you before 9pm on Tuesday. If you do not receive your order by this time or you receive produce that does not meet your expectations (or something is missing), please contact us within 48 hours. If you do not contact us within 48 hours of your scheduled delivery, we will not be able to provide a store credit or replacement item for you.

Any changes to your order must be done by our deadlines. Once the deadline hits we are unable to make any changes to your order. The deadline for processing changes to your order is currently Friday at 12 noon. If you attempt to make a change after the deadline and the website accepts it, there's a possibility that those changes will not be processed and your order will be unchanged.

There is no commitment to Bella Bean Organics. If you would like to cancel your subscription please call us at 1-800-961-5261. All cancellations must be made by Friday at 12 noon prior to the Tuesday delivery. Any unused store credits on your account at the time of cancellation will be forfeited and cancelled.

We deliver to Chapel Hill, Carrboro, and Durham in the state of North Carolina. We reserve the right to not deliver to a location. We do not deliver to post office (P.O.) boxes. You must have a street address. We do not guarantee delivery by any hour.

There is no need for you to be home at the time of delivery. We reuse our boxes, insulation, and ice packs. On your next delivery, please place your previous week's produce box, insulation, and ice pack outside for pickup. We will pick up your old box when we deliver your new box.

We will post the menu each week at 12 noon on Wednesday. You will receive an email on Friday alerting you of the products available for the coming week and that you are allowed to customize your box. If you do not receive an email on Friday with the list of available produce, please call or email us and we will do our best to remedy the situation. From time to time an item that is listed on our menu may not come in your box. This is due to lack of availability or if the item does not meet our standards for freshness and quality.  We will either replace the missing item with a similar item or increase the quantity of items already in your box.

We stand behind our service 100%. If you receive something in your box that you are not happy with please let us know so we can make it right.

Our minimum order is $25.50, which is for our Starter Box.  Check out other boxes.

We do our best to get back to you in a timely manner. All emails and phone messages will be returned within 2 business days.

Drivers are not responsible for relaying messages back to the office. The drivers are instructed to take any box back to our warehouse that the customer refuses. This does not mean you will not be charged for the box.

© 2009 Bella Bean Organics.