Cookie Policy.

service-pnp-ggbain-25600-25649v.jpg
 

Terms and Conditions

Last updated: August 26, 2025

 

Plain-Language Summary (Not a Substitute for Full Terms)

  • You must be 18 or have a parent/guardian to use FRUITSTAND.

  • Orders can be cancelled if fraudulent, incorrect, or unavailable.

  • Returns and refunds are handled under our Return Policy.

  • Accounts must be accurate; you’re responsible for keeping your login safe.

  • Intellectual property belongs to FRUITSTAND; user content can be reused for marketing.

  • SMS/email marketing requires consent, is optional, and you can opt out anytime.

  • We limit our liability to what you paid in the last 12 months.

  • Disputes are resolved in New York through binding arbitration; no class actions.

  • Nothing here limits your rights under New York consumer protection law.

 

1. Interpretation and Definitions

Company refers to Fruitstand LLC, a New York limited liability company with its principal office listed in its Articles of Organization at 45 West 60th Street, New York, NY 10023, and its current business operations located at 3730 Review Avenue, Long Island City, NY 11101 (“FRUITSTAND,” “we,” “us,” or “our”).

Service refers to the website fruitstandny.com and related ecommerce and digital services.

Goods refers to the items offered for sale on our Service.

Account means a unique account created for you to access our Service or parts of our Service.

You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.

2. Eligibility

  • You must be at least 18 years old to purchase from FRUITSTAND.

  • If you are under 18, you may only use the Service with the involvement and consent of a parent or guardian.

3. Agreement to Terms

Your use of the Service is conditioned on your acceptance of:

  • These Terms and Conditions

  • Our Privacy Policy (incorporated by reference)

  • Our Return Policy

  • Our Cookie Policy

These documents together form the entire agreement between you and FRUITSTAND.

4. Orders and Payments

Placing Orders
By placing an order, you confirm you are legally capable of entering into binding contracts and that the information you provide is accurate.

Payment Methods
We accept major credit/debit cards, PayPal, Stripe, and other methods listed at checkout. All payments are subject to authorization.

Prices
All prices are in USD unless stated otherwise. Prices may change prior to order confirmation.

Cancellations
We reserve the right to cancel orders due to product unavailability, errors in description or pricing, suspected fraud, or unauthorized activity.

5. Returns and Refunds

Our policies for returns and refunds are governed by our Return Policy, which is incorporated into these Terms by reference.

Cash refunds, where applicable, will be issued within 10 business days after we receive and approve the return.

Store credits are non-transferable, may expire as stated at issuance, and are not redeemable for cash except as required by law (including New York law).

6. Promotions

Promotions may have additional terms. If these conflict with the Terms, the promotion’s rules apply.

7. User Accounts

If you create an Account, you must provide accurate and current information and keep it updated.

You are responsible for:

  • Maintaining confidentiality of your credentials

  • All activity under your account

  • Notifying us immediately of unauthorized use

We may suspend or terminate accounts with or without notice, subject to applicable law, for inactivity, fraud, or violations of these Terms.

If terminated, you remain responsible for any outstanding balances. Credits and refunds are at our discretion, except as required by law.

8. Intellectual Property & User Content

The Service, including all content and design, is owned by FRUITSTAND and protected by copyright, trademark, and intellectual property laws.

User Content License
By tagging FRUITSTAND or otherwise submitting or sharing content with us (including reviews, photos, or social media posts), you grant FRUITSTAND a worldwide, royalty-free, non-exclusive, transferable license to use, repost, display, distribute, and create derivative works of that content for marketing, advertising, and promotional purposes.

To the extent permitted by law, you also waive any moral rights in that content.

Our trademarks and trade dress may not be used without written permission.

9. SMS and Email Communications

By providing your phone number or email, you consent to receive marketing and transactional communications from FRUITSTAND, including SMS messages.

  • Message frequency may vary.

  • Message and data rates may apply.

  • Consent is not a condition of purchase.

  • Opt out anytime: follow unsubscribe links in emails or reply STOP to SMS. Reply HELP for help.

See our Privacy Policy for details.

10. Links to Third-Party Websites

Our Service may link to third-party websites. We are not responsible for their content, policies, or practices.

11. Termination

We may suspend or terminate your account with or without notice, subject to applicable law, if you violate these Terms.

The following provisions survive termination: Intellectual Property, Indemnification, Limitation of Liability, Disclaimer of Warranties, Governing Law, Dispute Resolution, Assignment, and Survival.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FRUITSTAND AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR GOODS IN THE 12 MONTHS PRECEDING THE CLAIM.

WE ARE NOT LIABLE FOR ISSUES CAUSED BY THIRD-PARTY PROVIDERS (PAYMENT PROCESSORS, SHIPPING CARRIERS, ETC.).

13. DISCLAIMER OF WARRANTIES

THE SERVICE AND GOODS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION.

14. Indemnification

You agree to indemnify, defend, and hold harmless FRUITSTAND, its officers, employees, affiliates, and agents, from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your:

  • Misuse of the Service

  • Violation of these Terms

  • Violation of intellectual property or privacy rights of others

This indemnity does not apply to claims arising from FRUITSTAND’s own negligence, willful misconduct, or breach of these Terms.

15. Force Majeure

We are not responsible for delays or failure to perform caused by events beyond our reasonable control, including natural disasters, strikes, government actions, supply chain disruptions, or similar events.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.

For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York, unless otherwise required by law.

17. Dispute Resolution; Arbitration and Class Action Waiver

You agree to first attempt to resolve disputes informally by contacting legal@fruitstandny.com.

If unresolved, you and FRUITSTAND agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any purchase shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

  • Venue: Arbitration shall take place in New York, New York, unless otherwise required by law.

  • Costs: FRUITSTAND will cover all filing and arbitrator fees required under the AAA Consumer Rules. Each party bears its own attorneys’ fees unless otherwise awarded.

  • Class Action Waiver: You agree to bring claims only in your individual capacity. Class actions, private attorney general actions, and representative proceedings are not permitted.

  • Small Claims Exception: Either party may bring an individual claim in small claims court in New York County, NY, or your county of residence.

This section is governed by the Federal Arbitration Act. If any portion is found unenforceable, the remainder will be enforced to the fullest extent permitted.

18. Product Descriptions and Accuracy

We make reasonable efforts to ensure product descriptions, pricing, and availability are accurate. However, errors may occur, and we reserve the right to correct them. Colors may vary slightly due to display settings.

19. Export and Resale Restrictions

ORDERS SUSPECTED TO BE PLACED FOR UNAUTHORIZED RESALE, BULK PURCHASING, OR EXPORT MAY BE CANCELLED AT OUR DISCRETION. REFUNDS WILL BE PROVIDED WHERE LEGALLY REQUIRED.

20. Assignment

You may not assign or transfer your rights under these Terms. FRUITSTAND may assign or transfer its rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

21. Survival

The following provisions survive termination or expiration: Intellectual Property & User Content, Indemnification, Limitation of Liability, Disclaimer of Warranties, Governing Law, Dispute Resolution, Assignment, and this Survival clause.

22. Severability and Waiver

If any provision of these Terms is held invalid, the remaining provisions remain in effect.

Failure to enforce a right or provision is not a waiver of that right.

23. Entire Agreement

These Terms, together with our Privacy Policy, Return Policy, and Cookie Policy, constitute the entire agreement between you and FRUITSTAND. They supersede any prior communications, promises, or understandings relating to the Service.

24. DMCA Notice Procedure

If you believe that content on the Service infringes your copyright, you may submit a notification to our Designated Agent under the Digital Millennium Copyright Act (“DMCA”):

Designated Agent
Email: legal@fruitstandny.com
Mail: FRUITSTAND Legal, 3730 Review Avenue, Long Island City, NY 11101

Please include the information required under 17 U.S.C. § 512(c)(3).

25. Changes to These Terms

We may update these Terms from time to time. Changes are effective when posted to this page. If material, we will provide notice (e.g., email or site notice).

26. Consumer Protection Rights

Nothing in these Terms limits your rights under applicable New York consumer protection laws or other laws that cannot be waived by contract.

27. Contact Us

For customer inquiries: info@fruitstandny.com
For legal notices: legal@fruitstandny.com
Website: fruitstandny.com/contact