Terms of Use

USE OF THE NEW HAVEN DIRECT CONNECT WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS

 

PLEASE READ THESE TERMS CAREFULLY

 

Version: March 16, 2023

  1. Acceptance of terms.

Using this website (and any related application(s), which is included within the definition of the word “Website”) constitutes your acceptance of these terms and conditions (“Agreement”).  Thomas Consulting Group, LLC d/b/a New Haven Direct Connect may unilaterally update these terms and conditions periodically and give notice of the updates on its website.  You will be bound by those changes.  Purchasing a single order from or monthly subscription from (“Order”) the Website also constitutes acceptance of this Agreement.

 

 

  1. The Website Helps You Purchase and Have Delivered Food Items from Brands Located In The Greater New Haven, CT Area.

This website is provided by Thomas Group Consulting d/b/a New Haven Direct Connect as a convenience and for your personal use only, without any additional charge. This website helps you to select and purchase various perishable and non-perishable food items from brands located in the Greater New Haven, CT area and have them shipped to your home.

  • Delivery
  • We rely on third party delivery partners. Our products are all shipped via 2-Day express freight to get to you quickly. We ship in insulated envelopes with frozen gel packs inside to keep cooled items chilled. We do not currently ship frozen items.
  • All of our packages are market “Perishable” and our standing instructions with our freight partners is to not leave them in direct sunlight. If a package is damaged or opened, please contact us at either support@newhavendirectconnect.com or 877-219-5150 so we may investigate the circumstances of the damage with our freight carrier.
  • We may ask for photos of the damage to assist us with this investigation. If your package is opened or shows signs of tampering, please do not consume the products. Contact us for a replacement.
  • Sizes
  • We understand that ordering food is not an exact science. In order to sell our products online, we must use standard sizes. A product may be listed as “1 pound Hot Italian Sausage”, but its actual weight may vary due to the irregularities in shape and size of locally made artisan products. The actual weight may be 0.99 or 1.03 lbs. This variance is an expected limitation of how we work with our partners.
  • Substitutions
  • When you place your order, we will ask you if you will accept a substitution if your preferred product is not available. This is not something we do in most cases, however if for example, Lemon Pizelles are out of stock we may pre-emptively ask if you will accept another flavor.
  • Missing Items
  • If your order is missing items and you did not authorize a substitution on your order form, please contact us at either support@newhavendirectconnect.com or 877-219-5150. We will check the order form and replace missing items as quickly as possible if they were ordered, paid for and missed.
  • Shipping, Handling & Freight
  • Because our products are perishable, we are committed to getting them to you quickly and in top quality condition. We package in 200 lb. corrugated cardboard boxes that can withstand more than the weight of our typical package contents. Your chilled items are kept inside of a sealed, insulated envelope with a frozen gel pack to keep them cool. Your dry items are carefully packaged around the chilled envelope in a protected way. The box is sealed and labeled.
  • While we only work with pre-packaged and sealed food, we still work in sanitary conditions, wearing gloves while we pack. Your box is sealed, labelled and sent via 2-Day express freight.

  • When you place your order, our system calculates the gross weights of each item, and it totals the order weight for shipping cost at the end. Keep in mind that many, heavier canned or jarred items will add weight quickly and be more expensive to ship. New Haven Direct Connect does not markup shipping to our customers.
  • The value of our service comes from the shopping, packing and shipping of these quality items to you. There are costs associated with labor, fuel, packaging materials that must be considered. All of our packaging materials are recyclable.
  • You will be sent a confirmation of your order via email sent to the email address you provide.
  • We typically shop for and assemble packages on Mondays and Tuesdays and ship on Tuesdays and Wednesdays. Using our 2 Day express service, this ensures that you have your delivery on either a Friday or Saturday. We do not guarantee specific delivery times or days. If an order comes in after we have assembled our deliveries, it will be delivered as part of the following week’s cycle.
  • Please disassemble your package as soon as it arrives and refrigerate the chilled items immediately.

This website is protected by copyright.

  1. The Delivery Service is an independent entity.

Delivery service employees are not Thomas Group Consulting d/b/a New Haven Direct Connect employees, agents or representatives.  The Delivery Service may not change this Agreement. The Delivery Service has no authority to bind Thomas Group Consulting d/b/a New Haven Direct Connect in any manner whatsoever. 

  1. Limitation of Warranties and damages.

THOMAS GROUP CONSULTING D/B/A NEW HAVEN DIRECT CONNECT MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE AND THE PRODUCT.

 

THOMAS GROUP CONSULTING D/B/A NEW HAVEN DIRECT CONNECT’S TOTAL AND CUMULATIVE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEBSITE, THE PRODUCTS SOLD, THIS AGREEMENT AND THE DELIVERY SERVICE SHALL BE LIMITED TO MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE PRICE YOU PAID FOR THE PRODUCTS AND ASSOCIATED SHIPPING.

 

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, THOMAS GROUP CONSULTING D/B/A NEW HAVEN DIRECT CONNECT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

  1. Limitation of Liability.

IN NO EVENT SHALL THOMAS GROUP CONSULTING D/B/A NEW HAVEN DIRECT CONNECT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RELATING TO THIS WEBSITE, PRODUCTS AND/OR THE DELIVERY SERVICE.

 

  1. Use of the Information You Provide.

The information you provide to Thomas Group Consulting d/b/a New Haven Direct Connect through the website will be disclosed to the relevant Delivery Service to enable the delivery of your Products.  You should only transmit information necessary as indicated on the Order Form.  If you do not provide accurate information, there will likely be unforeseen delays in Delivery of your Products.  You understand that Thomas Group Consulting d/b/a New Haven Direct Connect and the Delivery Service will be relying upon the accuracy of the information that you provide.

To the extent that you provide Thomas Group Consulting d/b/a New Haven Direct Connect with Personally Identifiable Information (“PII”), it will be handled in accordance with our Privacy Policy (which may be updated from time to time).

  1. Restrictions on using the website.

You will not use the website:

  • To violate this Agreement;
  • For any commercial purpose;
  • To obtain another person’s PII;
  • To violate any laws;
  • To harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, or otherwise attempt to mislead others as to your identity;
  • To knowingly provide or submit false or misleading information on or through the website;
  • To attempt to gain unauthorized access to the website, other user accounts, or other computer systems or networks connected to the website;
  • To transmit any materials that are encrypted, contain self-executing code or contain viruses, such as Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines; or
  • Probe, scan or test the vulnerability of this website, nor breach the security or authentication measures on this website. You may not reverse look-up, trace or seek to trace any information on any other user, or exploit this website in any way to reveal any information, including but not limited to personal identification or information other than your own information.

 

  1. Third Parties May Have Rights Under This Agreement.

Some of the provisions of this Agreement are for the benefit of third parties. These third parties may rely upon this Agreement.

  1. Notices May Be Provided Electronically.

By using this website, you consent to receive electronic communications from us via email or directly to your account.  The only way you can revoke this consent is to stop using this website and inform us in writing. All notices to us will be provided by either sending: (i) an email to support@newhavendirectconnect.com or (ii) a letter, first class certified mail, to New Haven Direct Connect c/o 15 Burnt Hollow Court, Cheshire, CT 06410; Attn: User Services. Notices sent by mail will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

  1. Choice of law.

This Agreement shall be governed by, construed and enforced in accordance with the substantive laws of the State of Connecticut (excluding any otherwise applicable choice of law rules) and the judicial decisions which interpret and apply them.

  1. Statute of Limitations.

Notwithstanding any statutory provisions governing statutes of limitations, no claim, regardless of form, on or relating to the website, the Products, this Agreement or the Delivery Service may be brought more than one (1) year after the date the cause of action arose.

  1. Arbitration by American Arbitration Association.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, this website, the Products or the Delivery Service shall be settled by a single arbitrator on a “documents only” basis in accordance with the Consumer Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The arbitration shall be conducted in the English language in Hartford County, Connecticut.  The seat of the arbitration shall be deemed to be Connecticut and the arbitration shall be governed by Connecticut law. The arbitrator shall have the exclusive jurisdiction to determine his jurisdiction and no party may bring a class action in this arbitration.  The arbitration may not be consolidated with other arbitrations.  Unless the parties otherwise specifically agree, there will be (i) no discovery and (ii) no mediation. If your claim is within the small claims jurisdictional limit of the state of your residence, you may elect to bring your claim there.

  1. Entire Agreement and Amendments.

This Agreement contains the entire understanding of the parties.  There are no oral understandings, terms or conditions, and no party has relied upon any representation, express or implied, not contained in this Agreement.  This Agreement may not be amended in any respect whatsoever except by a further agreement, in writing, fully executed by Customer and Thomas Group Consulting d/b/a New Haven Direct Connect (except to the extent Thomas Group Consulting d/b/a New Haven Direct Connect modifies the Agreement for all customers on its website).

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ORDER BY MIDNIGHT EST ON SATURDAY, 5/11 & YOUR ORDER WILL BE DELIVERED ON THURSDAY, 5/16.

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