These Customer Terms of Service (the “Terms”) are a binding agreement between you and Totesi Inc., a Kansas corporation (“Totesi,” “we,” “us,” or “our”). They govern your use of totesi.com, any Totesi application, and the ordering, pickup, delivery, loyalty, and related services we provide (collectively, the “Platform”).
Our Privacy Policy is part of these Terms. By creating an account or placing an order after being shown these Terms, you agree to them. If you do not agree, do not use the Platform.
You must be at least 18 years old and legally able to enter a contract. You must provide accurate account, contact, payment, and delivery information. You are responsible for activity under your account and must promptly report suspected unauthorized access to support@totesi.com .
The Platform currently serves participating stores and delivery addresses in the Kansas City metropolitan area on the Kansas and Missouri sides. Availability depends on your address and the stores then participating.
Totesi provides ordering technology, customer support, payment-routing functionality, and access to third-party delivery. Totesi does not buy, own, take title to, manufacture, prepare, store, or sell the groceries or other products offered by participating stores.
For each order:
Nothing in these Terms makes Totesi the seller of a Store’s products or the employer of Store personnel or couriers.
You may not:
We may investigate suspected misuse and may restrict or close an account when reasonably necessary to protect customers, Stores, couriers, Totesi, or the Platform. Records used for fraud prevention and dispute handling may be retained as described in the Privacy Policy.
An order is your offer to buy the listed products from the Store and to purchase Platform services from Totesi. The Store may accept or decline an order for any lawful reason. No product sale is final until the Store accepts the order.
Catalogue availability is an estimate. Store inventory changes quickly, and a displayed item may be unavailable. Product packaging, size, formulation, country of origin, and labeling may change without notice. The Store must provide the product actually selected and update the final order before capture of the final charge.
Before you submit an order, checkout will show the product subtotal, Totesi service fee, delivery charge if any, estimated tax, optional tip, and the estimated total.
Totesi’s current service fee is:
Delivery: 8% of the product subtotal plus $0.99.
Pickup: 5% of the product subtotal plus $0.99.
The percentage does not apply to tax, courier charges, or tips. A Store controls its catalogue prices. Unless the listing expressly says otherwise, a catalogue price is the price charged for the product through Totesi and may differ from another price offered by the Store in person or through another channel.
Payment is processed through Stripe using the Store’s connected Stripe account. The Store is the merchant of record. Totesi and the Store receive limited payment information from Stripe, such as a token, card brand, last four digits, expiration date, transaction status, and fraud signals; we do not receive your full card number or security code.
Your use of payment functionality is also subject to Stripe’s applicable terms and privacy notice.
At checkout, we may request an authorization up to the maximum amount clearly shown to you. That amount may exceed the initial estimate to allow for actual weights and substitutions you approve. The final captured charge will reflect products actually supplied, applicable fees, delivery, taxes, and tips. Your bank controls how quickly any unused authorization is released.
Taxes are calculated using transaction information and applicable law. Depending on the jurisdiction and transaction, the Store or Totesi may collect and remit tax. You remain responsible for any tax legally imposed on you that was not collected at checkout.
At checkout, you may select a substitution preference for an item. If the item is unavailable:
If you do not respond to an “Ask me” request within the displayed time, the item will be removed rather than substituted. You are charged the price and actual quantity of the substitute supplied.
Important allergy rule. A similarity suggestion or substitute ranking is not a statement that products have the same ingredients, allergens, dietary status, nutrition, or manufacturing conditions. If an allergy, intolerance, religious restriction, medical condition, or other dietary requirement matters, choose “Refund” or require your express approval, review the substitute’s physical label, and contact the manufacturer when needed. Do not rely on search results, rankings, catalogue text, or a prior version of packaging for a safety decision.
For an item sold by weight, the final price is the Store’s stated per-unit price multiplied by the actual weight entered by the Store. Checkout will disclose any authorization allowance. If the actual amount exceeds the tolerance shown in the Platform, the Store must request your approval or remove the item.
Totesi photographs products during catalogue onboarding, commonly including the front, back, nutrition panel, and ingredients panel. We may crop a copy of a photograph to make a panel easier to read, but our process is designed to preserve the complete detected ingredients and allergen text and retain the uncropped source image.
We use automated tools, including third-party vision models, to extract and organize product information internally for catalogue matching, search, duplicate detection, and substitution ranking. We do not publish extracted ingredient or allergen text as a separate Totesi claim. Automated extraction can nevertheless be incomplete, inaccurate, or based on outdated packaging.
Product photographs and catalogue information are for general shopping convenience. They are not medical advice, an allergen guarantee, a certification, or a promise that the Store’s current physical item is identical to the photographed item. A crop may not show warnings located elsewhere on packaging. Where available, review the uncropped back image as well as the ingredients image, use zoom, and check the physical product before consuming it.
Totesi does not authenticate or independently verify manufacturer labeling. The Store and manufacturer remain responsible for the product and its legally required label. If a warning, recall, or safety issue comes to Totesi’s attention, Totesi may remove or restrict a listing and contact affected users, but that right does not make Totesi the manufacturer or seller.
Delivery is performed by an independent third-party courier, currently arranged through Uber Direct, not by Totesi employees. Delivery times are estimates.
You must provide a complete address and access instructions, remain reachable, and arrange prompt receipt of perishable products. If a delivery cannot be completed because information is incorrect, access is unavailable, or you cannot be reached, the order may be returned or disposed of as food-safety conditions require. Any resulting refund may exclude costs already incurred if the failure was caused by you and the limitation was disclosed before the order.
Risk of physical loss transfers from the Store to the courier when the Store hands over the order, but this allocation does not reduce your right to seek a refund under Section 12.
Pickup orders are prepaid. Follow the pickup window and identity instructions shown in the Platform. If you do not collect an order within the stated hold period, perishables may be discarded and nonperishables may be returned to inventory. Refunds will account for products that can reasonably be resold and costs already incurred, as disclosed at checkout.
Before Store acceptance: full cancellation with no charge.
After acceptance but before picking begins: full refund.
After picking begins but before packing is complete: product charges are refunded, but the disclosed Totesi service fee may be retained for services already performed.
After courier dispatch: an actual courier cancellation charge may also be retained if the cancellation was caused by you and the amount or method was disclosed before confirmation.
If the Store or Totesi cancels because the order cannot be fulfilled, you receive a full refund, including service and delivery fees. Nothing in this section limits a refund right required by law.
Report an order problem through the Platform or at support@totesi.com , preferably within 48 hours so the facts can be verified. We may request a photograph or other reasonable information.
Absent fraud or abuse, the following remedies ordinarily apply:
Refunds ordinarily return to the original payment method. Bank processing may take several business days. We may offer voluntary credit, but we will not require credit instead of a refund when a cash refund is legally or contractually due.
The Store’s Stripe account may be charged first because the Store is merchant of record. That processing detail does not change the remedy shown to you.
Loyalty points are Store-specific promotional benefits, have no cash value, and may not be sold or transferred. Unless a Store discloses another period, points expire 12 months after earning. Points associated with refunded purchases may be reversed.
A Store may change or end its program. If a Store leaves the Platform, Totesi will use reasonable efforts to give 30 days’ notice so customers can use available points, but participation may end sooner for safety, legal, insolvency, or material-breach reasons. Neither Totesi nor the Store owes cash for unused points unless law requires otherwise.
Our Privacy Policy explains our data practices. As a separate part of your agreement with Totesi, you authorize Totesi to use de-identified product, order, fulfillment, delivery-time, catalogue, and service-usage information to develop and improve Totesi’s own analytics and AI systems. This setting is on by default when an account is created. You may turn it off at any time in Settings.
An opt-out stops new eligible information from being added to future AI-training datasets after the setting is processed. It does not require removal of information already incorporated into a de-identified dataset or trained model where separation is not reasonably possible. The choice persists through account use and later updates to these Terms or the Privacy Policy unless you change it.
Names, email addresses, telephone numbers, physical addresses, private message content, Store-identified prices, Store/vendor names, staff identities, and direct identifiers are not eligible AI-training data under this authorization. Totesi may still use identified records to provide the service, investigate fraud, manage quality, support users, enforce rules, and comply with law.
We will not expand AI-training rights merely by updating the Privacy Policy. A material expansion requires a new, specific agreement presented to you.
Totesi owns or licenses the Platform, software, design, aggregate catalogue, Totesi-created photography, models, rankings, and related intellectual property. Vaxen Labs Inc. owns certain underlying software licensed to Totesi but does not own Totesi Inc. Nothing in these Terms transfers ownership to you.
Stores retain their names, logos, prices, and other materials they provide. You receive a limited, personal, revocable, nontransferable right to use the Platform for lawful shopping. Feedback you voluntarily provide may be used by Totesi without restriction or payment, but we will not publicly identify you as its source without permission.
Stripe, participating Stores, Uber Direct and other providers operate under their own terms. Totesi is not responsible for a third party’s independent website, account, or conduct, but this sentence does not excuse Totesi from an obligation Totesi expressly accepts in these Terms or from liability that law does not permit us to exclude.
We use commercially reasonable efforts to operate the Platform, but do not promise uninterrupted or error-free service. We may maintain, change, suspend, or discontinue features. We may remove a Store or product for safety, legal, operational, or business reasons.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND TOTESI-PROVIDED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TOTESI DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TOTESI DOES NOT WARRANT PRODUCT AVAILABILITY, STORE PERFORMANCE, COURIER ARRIVAL TIMES, THE ACCURACY OR COMPLETENESS OF AUTOMATED EXTRACTION, OR THAT A PRODUCT IS SAFE FOR A PARTICULAR PERSON. TOTESI DOES NOT INDEPENDENTLY TEST, OPEN, OR VERIFY PRODUCTS OR MANUFACTURER LABELS. PRODUCT QUALITY, FOOD SAFETY, FRESHNESS, LAWFUL SALE, RECALL COMPLIANCE, AND LABEL ACCURACY ARE CONTROLLED BY THE STORE AND MANUFACTURER.
These disclaimers do not remove any warranty or consumer right that cannot lawfully be waived.
TO THE FULLEST EXTENT PERMITTED BY LAW:
The limitations do not apply to Totesi’s fraud or willful misconduct, or to liability that applicable law does not permit to be limited. The limitations apply regardless of legal theory and even if a remedy fails of its essential purpose.
To the extent permitted by law, you will reimburse Totesi for losses and third-party claims caused by your intentional misuse of the Platform, fraud, unlawful conduct, or material violation of these Terms. Totesi will promptly notify you and will not settle a claim in a way that admits your wrongdoing or imposes a non monetary obligation on you without your consent. This section does not require you to reimburse Totesi for Totesi’s own negligence or misconduct.
Before filing a lawsuit, you and Totesi will each make a good-faith effort for 30 days to resolve the dispute after written notice describing the problem and requested solution. Either party may use small-claims court without completing that process if a limitations period is near expiration.
Kansas law governs these Terms, without regard to conflict-of-law rules. Any lawsuit against Totesi must be brought in a state court located in Johnson County, Kansas, or the federal court serving that county, except where the consumer law of your home state gives you a non waivable right to another law or forum.
These Terms do not require arbitration and do not waive a right to a jury or class procedure.
We may update these Terms prospectively. We will post the update and provide reasonable advance notice of a material change. When a material change affects your rights, we may require you to accept the updated Terms before placing another order. Continued browsing alone will not expand our AI-training rights or retroactively alter a completed order.
You agree that account notices, receipts, disclosures, and contracts may be provided electronically. You may download or print these Terms. Transactional text messages and marketing messages are governed by the choices and disclosures in the Privacy Policy and the consent screen shown when you enroll.
These Terms and the Privacy Policy are the entire agreement between you and Totesi concerning the Platform, except for an order-specific disclosure shown at checkout. If a conflict exists, the order-specific disclosure controls only that order. If a provision is unenforceable, it will be narrowed to the minimum extent necessary and the remainder will continue. A waiver must be in writing. You may not assign these Terms; Totesi may assign them in connection with a merger, reorganization, financing, or sale of all or substantially all relevant assets.
Totesi Inc.
4601 E. Douglas Ave. STE 150
WICHITA, KS 67218
support@totesi.com