Terms and Conditions
Last updated: May 6, 2026
Quick Summary (Not a Substitute for the 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.
Applicable sales tax will be added where required by law.
Cancellations
We reserve the right to cancel orders due to product unavailability, errors in description or pricing, suspected fraud, or unauthorized activity.
Customers agree to contact FRUITSTAND before initiating chargebacks for issues that may reasonably be resolved through customer support or our Return Policy.
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.
Promotional store credits may expire as stated at issuance and are non-transferable. Purchased gift cards are subject to applicable 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.
Nothing in this section limits any rights that cannot legally be waived under applicable consumer protection laws.
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 FRUITSTAND’s business, 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 and opting into communications, you consent to receive recurring automated marketing and transactional communications from FRUITSTAND, including SMS messages and emails.
Message frequency may vary. Message and data rates may apply. Consent is not a condition of purchase. Reply STOP to unsubscribe from SMS messages or HELP for assistance. Carriers are not liable for delayed or undelivered messages. You may unsubscribe from marketing emails using the unsubscribe link included in those emails.
See our Privacy Policy for more information.
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
- 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.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.
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
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.
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.
YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND FRUITSTAND ARE WAIVING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Small Claims Exception
Either party may bring an individual claim in small claims court in New York County, NY, or your county of residence.
Arbitration Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@fruitstandny.com within 30 days of your first use of the Service or purchase from FRUITSTAND. Your notice must include your full name and a clear statement that you wish to opt out of arbitration.
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 OR BULK PURCHASING 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
- 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:
For legal notices:
Website:
fruitstandny.com/contact
