Terms and Conditions

Last updated: September 1, 2026

OVERVIEW

Welcome to FRUITSTAND®.

FRUITSTAND® is a brand operated by Fruitstand LLC. The terms “we,” “us,” and “our” refer to Fruitstand LLC.

Fruitstand LLC operates this store and website, including all related information, content, features, tools, products, and services provided to you (collectively, the “Services”). The Services are powered by Shopify, which enables us to provide our online store and related functionality.

These Terms of Service, together with any policies referenced in them (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or otherwise have the legal capacity to enter into a binding agreement.

To use certain portions of the Services, including purchasing products, you may be asked to provide information such as your email address, phone number, billing information, payment information, and shipping information.

You represent that all information you provide is accurate, current, and complete and that you have the right to provide it.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account. You may not sell, assign, transfer, or license your account to another person.

SECTION 2 — PRODUCTS

We make reasonable efforts to display and describe our products accurately. However, colors, textures, proportions, and other aspects of a product may appear differently depending on your device, screen settings, lighting, photography, or other factors.

We do not guarantee that a product will appear exactly as shown on your device or that its appearance or characteristics will meet your subjective expectations.

Product descriptions, specifications, availability, and other product information may be changed at any time without notice.

We reserve the right to discontinue products and to limit quantities offered to any person, geographic region, or jurisdiction where permitted by law.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase products from Fruitstand LLC.

We reserve the right to accept, decline, limit, or cancel an order where permitted by law, including because of product availability, suspected fraud, pricing or listing errors, payment issues, or other legitimate business reasons.

Your order is accepted when we confirm acceptance and successfully process the applicable payment.

Please review your order carefully before submitting it. Once an order has entered processing or fulfillment, we may not be able to accommodate changes or cancellations.

If we cancel or materially change an order, we will attempt to notify you using the email address, phone number, billing information, or other contact information provided with the order.

Returns, exchanges, and refunds are governed by our Return and Refund Policy.

Unless otherwise expressly agreed by us, products purchased through our consumer store are intended for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES, PROMOTIONS, AND BILLING

Prices, discounts, promotions, and product availability may change without notice.

The price charged for a product will generally be the price displayed when your order is placed, subject to correction of errors as permitted by law.

Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping charges, customs duties, import charges, or other charges that may apply to your purchase.

Prices offered through our website may differ from prices offered at physical events, pop-ups, wholesale locations, third-party retailers, or other sales channels.

Promotions may be governed by additional terms. If specific promotional terms conflict with these Terms, the promotional terms will control with respect to that promotion.

You agree to provide current, complete, and accurate billing, payment, and account information.

By providing a payment method, you represent that you are authorized to use it and authorize us and our payment processors to charge applicable amounts associated with your order.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery dates are estimates unless expressly stated otherwise.

We are not responsible for delays caused by carriers, customs authorities, weather, labor disruptions, incorrect delivery information, events outside our reasonable control, or other circumstances not caused by Fruitstand LLC.

Risk of loss and title will transfer as provided by applicable law and the applicable shipping arrangement.

Additional shipping information may be provided at checkout, in your order confirmation, or elsewhere on the Services.

SECTION 6 — INTELLECTUAL PROPERTY

The Services and their contents, including trademarks, logos, trade names, designs, text, graphics, photographs, artwork, video, audio, product imagery, website design, and other materials, are owned by or licensed to Fruitstand LLC and are protected by applicable intellectual property laws.

FRUITSTAND®, our logos, product names, designs, slogans, and other brand identifiers are trademarks or other intellectual property of Fruitstand LLC or its licensors.

You may access and use the Services for personal, non-commercial purposes only.

Except as expressly permitted by us in writing or by applicable law, you may not reproduce, distribute, modify, create derivative works from, publicly display, publish, download, store, transmit, sell, exploit, or otherwise use material from the Services.

Nothing in these Terms grants you any license or ownership interest in intellectual property belonging to Fruitstand LLC, Shopify, or any third party except as expressly stated.

All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL AND THIRD-PARTY TOOLS

The Services may provide access to tools, applications, features, or services provided by third parties.

We may not monitor or control these third-party tools.

Unless otherwise stated, access to third-party tools is provided on an “as is” and “as available” basis without endorsement or warranty by Fruitstand LLC.

Your use of third-party tools may be subject to additional terms and privacy policies imposed by the applicable provider. You should review those terms before using such services.

We may introduce additional tools, resources, or features in the future. Unless otherwise stated, those features will be considered part of the Services and subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS AND SERVICES

The Services may include links to websites, services, applications, content, or resources operated by third parties.

We do not control and are not responsible for the content, accuracy, availability, privacy practices, products, services, or conduct of third parties.

If you choose to access a third-party website or service, you do so subject to that third party’s terms and policies.

Questions or claims concerning third-party products or services should generally be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

FRUITSTAND is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with FRUITSTAND. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and FRUITSTAND, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with FRUITSTAND.

SECTION 10 — PRIVACY

Our collection, use, disclosure, and processing of personal information is governed by our Privacy Policy.

Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information relating to your access to and use of the Services.

Certain information may be transmitted to Shopify and other service providers in countries other than where you reside.

Please review our Privacy Policy and Shopify’s applicable privacy documentation for additional information.

SECTION 11 — SMS MARKETING

If you opt in to receive SMS marketing from FRUITSTAND, you agree to receive recurring marketing text messages from Fruitstand LLC at the mobile number you provide.

Messages may include information about product launches, drops, restocks, promotions, events, offers, and other FRUITSTAND news.

Message frequency varies. Message and data rates may apply.

Consent to receive marketing text messages is not a condition of purchase.

You may opt out of marketing SMS messages at any time by replying STOP to a message from us. After opting out, you may receive a final message confirming your opt-out.

For assistance, reply HELP or contact us at info@fruitstandny.com.

Mobile carriers are not responsible for delayed or undelivered messages.

Opting out of SMS marketing does not unsubscribe you from email marketing, and opting out of email marketing does not unsubscribe you from SMS marketing. Each communication channel must be managed separately.

Your participation in our SMS program is also subject to our Privacy Policy.

Where applicable, we may use third-party service providers, including Shopify and Mailchimp, to collect or maintain subscription information and deliver SMS communications.

SECTION 12 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, proposals, plans, or other content to us (“Feedback”), you grant Fruitstand LLC a worldwide, perpetual, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for purposes including operating, improving, and promoting the Services.

You represent that you own or otherwise have the necessary rights to submit the Feedback and permit our use of it.

You also represent that your Feedback will not violate intellectual property rights, privacy rights, publicity rights, or other rights of another person or entity and will not contain unlawful, defamatory, abusive, obscene, fraudulent, or malicious material.

We are not required to keep Feedback confidential, compensate you for Feedback, or respond to Feedback unless otherwise agreed in writing.

We may remove or moderate Feedback where permitted by law.

SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

From time to time, information provided through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, transit times, inventory, availability, or other matters.

We reserve the right to correct errors, update information, and cancel or modify orders affected by material errors where permitted by applicable law.

SECTION 14 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable law; infringe intellectual property or other rights; harass, threaten, abuse, defame, or harm another person; transmit fraudulent or misleading information; distribute malware; send unsolicited spam; impersonate another person or entity; unlawfully collect personal information about others; circumvent security or access restrictions; or materially interfere with another person’s use of the Services.

You may not use automated systems, robots, spiders, scraping tools, data-extraction tools, or similar technologies to access or extract content or data from the Services except where expressly authorized by us or permitted by applicable law.

We may suspend, restrict, or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 15 — AUTOMATED AGENTS

If you deploy or cause an automated or semi-autonomous software agent to interact with the Services, that agent must comply with these Terms and with technical restrictions communicated through the Services.

An automated agent must not conceal or misrepresent its automated nature, circumvent CAPTCHAs or technical access controls, impersonate a human user when asked to identify itself, or evade measures intended to restrict automated access.

We may limit or prohibit automated access to the Services at our discretion, subject to applicable law.

SECTION 16 — TERMINATION

We may suspend or terminate your access to all or part of the Services where reasonably necessary, including for violations of these Terms, security concerns, fraud prevention, unlawful conduct, or other legitimate business reasons.

Termination does not relieve you of obligations incurred before termination.

Provisions that by their nature should survive termination, including those relating to intellectual property, Feedback, warranties, liability, indemnification, governing law, and privacy, will continue to apply.

SECTION 17 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided on an “as is” and “as available” basis except where we expressly state otherwise.

We do not guarantee that the Services will always be uninterrupted, timely, secure, error-free, or free of technical defects.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not permit certain warranty disclaimers, so portions of this section may not apply to you.

Nothing in these Terms excludes warranties, remedies, or consumer rights that cannot lawfully be excluded or waived.

SECTION 18 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, FRUITSTAND LLC AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not permit certain limitations or exclusions of liability. In those jurisdictions, our liability will be limited only to the maximum extent permitted by law.

Nothing in these Terms limits liability that cannot lawfully be limited or excluded.

SECTION 19 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Fruitstand LLC, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, losses, damages, and reasonable attorneys’ fees arising from your material breach of these Terms, your violation of applicable law, your violation of another person’s rights, or your unlawful use of the Services.

We will provide reasonable notice of an indemnifiable claim where practicable.

SECTION 20 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the unenforceable portion will be severed without affecting the validity of the remaining provisions.

SECTION 21 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and additional terms incorporated by reference, constitute the agreement between you and Fruitstand LLC regarding your use of the Services and supersede prior agreements concerning the same subject matter.

SECTION 22 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms and our rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, financing, corporate reorganization, or other legitimate business purpose, subject to applicable law.

SECTION 23 — GOVERNING LAW

These Terms and any separate agreements through which we provide the Services will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.

To the extent a dispute may properly be brought in court, you and Fruitstand LLC consent to the personal jurisdiction and venue of the state and federal courts located in New York, subject to any consumer rights or mandatory venue requirements that apply under applicable law.

SECTION 24 — HEADINGS

Section headings are provided for convenience only and do not affect the interpretation of these Terms.

SECTION 25 — CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices, legal obligations, or other operational needs.

Where required by applicable law, we will provide notice of material changes.

Unless otherwise stated or required by law, updated Terms become effective when posted.

SECTION 26 — CONTACT INFORMATION

Questions about these Terms should be directed to:

Fruitstand LLC
3730 Review Ave, Ste 202
Long Island City, NY 11101
United States

Email: info@fruitstandny.com