Terms and CONDITIONS
Terms
Last modified: July 26, 2024
These terms of use (“Terms”) are a legally binding agreement between Fruitful Box Corporation (“we,” “us,”, “our,” “Fruitful” or the “Company”) and you (“user,” “you” or the “customer”) and governs your purchase of our Boxes (as defined below) and use of our website available at: www.thefruitfulbox.com (“Website“). It is important and recommended that you take the time to read these Terms carefully.
1.BINDING AGREEMENT
BY ENTERING TO, ACCESSING OR USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND OUR PRIVACY POLICY. YOU AGREE TO BE BOUND AND TO FULLY COMPLY WITH THESE TERMS, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY FRUITFUL. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE WEBSITE AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US WHICH INCLUDES A CLASS ACTION WAIVER AND ARBITRATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION (Section 16). IF YOU ARE AN INDIVIDUAL WHO IS ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER TO BIND THAT ENTITY, AND YOU HEREBY AGREE ON THAT ENTITY’S BEHALF TO BE BOUND BY THESE TERMS, WITH THE TERMS “YOU,” AND “YOUR” APPLYING TO YOU, THAT ENTITY, AND OTHER USERS ACCESSING THE WEBSITE ON BEHALF OF THAT ENTITY. IF YOU DO NOT AGREE TO THE TERMS, YOU SHALL CEASE USING THE WEBSITE IN ANY MANNER WHATSOEVER.
These Terms and any policies or operating rules posted by us on this Website or in respect to purchase of our Boxes or Items constitute the entire agreement and understanding between you and us and govern your purchase of Boxes and Items and use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in a subscription after any such changes, you accept these Terms, as modified.
We reserve the right to periodically amend or revise the Terms at our sole discretion. You can review the most current version of these Terms at any time at this page. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. If there is a conflict amongst the provisions in the various Terms, the more specific provision governs.
2. ONLINE STORE TERMS & GENERAL CONDITIONS
You must be at least the age of majority in your state or province of residence to use, register for an Account (as defined below), or place an order on the Website. If you are not the age of majority to enter enforceable contracts in the jurisdiction from which you are accessing the Website, you may use the Website only with consent of a parent or guardian. By submitting information or content on the Website, you represent that you meet this age restriction. Fruitful provides you access to the Website subject to your compliance with these Terms.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not use our Boxes (as defined below) for any illegal or unauthorized purpose.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. ACCCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
4. PRODUCTS
Items for sale on our Website include boxes (each a “Box”) filled with items (each an “Item”) as described on the Website. The type and number of Items in each Box vary. In addition, subject to availability, you may purchase additional Items or additional quantities of Items as described on the Website.
We have made every effort to display as accurately as possible the colors and images of our Items and Boxes. We cannot guarantee that your computer monitor's display of any color or image will be accurate. In addition, some items like fresh produce naturally vary in size, color and quality. We do not warrant that the size, color or quality of any Box or Item obtained by you will meet your expectations, or that any errors in a Box or Item will be corrected.
Boxes or Items may include allergenic items such as, fruits, nuts, other food products etc. We also cannot guarantee that cross-contamination did not occur. IT IS YOUR SOLE RESPONSIBILITY TO INSPECT EACH BOX AND ITEM AND INQUIRE ITS ALLERGENIC STATUS. WE AREN NOT LIABLE FOR ANY BODILY HARM CAUSED BY CONSUMPTION OF ITEMS.
5. ACCOUNT AND BILLING INFORMATION
You can use and view the Website at any time, and at any time, you will be able to sign up, and create an account in order to order a Box or Boxes (“Account“), as detailed on our Website and as updated from time to time. You are responsible for maintaining the confidentiality and for restricting the access to your Account and password, and you are solely responsible for all activities which occur under your Account and password. You agree to immediately notify us of any disclosure or unauthorized use or breach of security at general@thefruitfulbox.com. You hereby represent and warrant that any and all information provided by you through the Website and within creating the Account is and will be current, complete and accurate. You agree to promptly update your Account and other information, including your email address as needed. A breach or violation of any of the Terms may result in an immediate termination of your Account.
You agree that by purchasing Box, you are agreeing to these Terms and entering into a binding contract with Fruitful. You agree to pay all charges that may be incurred by you or on your behalf at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges and any taxes for the Box or Item.
When ordering or subscribing, you will be directed or Squarespace, our payment processor. Our displayed Box and Item prices do not include applicable taxes. Applicable taxes will be added to each Box or Item. You authorize us to charge the Item or Box price, applicable taxes and shipping fees on or after the date you order an Item or Box.
If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, or cancel your subscription or purchase. If your payment method is not accepted, you will remain responsible for all charges and uncollected amounts incurred. We reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorney’s fees, collection agency fees and other associated costs.
TERMS OF SALE
Prices are the price displayed at the time you submit your order and are in US dollars unless otherwise noted. Fruitful reserves the right to change prices on any Item or Box at any time.
We reserve the right to limit the quantities of or discontinue any Boxes or Items that we offer at any time without notice. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the subscriptions.
We make best efforts to ensure all Item and Box details displayed on the Website and/or in the package are accurate, but errors such as mispricing, typographical inaccuracies, or incomplete information may occur. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions at any time without prior notice (including after an order was submitted and accepted). In the event that an Item or Box sold is mistakenly listed at an incorrect price or an incorrect amount is charged to your payment card, Fruitful reserves the right to refuse or cancel any orders placed, whether or not the order has been confirmed and you have been charged.
We reserve the right to refuse sale to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our Boxes and Items to any person, household, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to refuse to process or ship an order and the right to cancel any Accounts due to suspected fraudulent, unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may contact you at the phone number or email address you provided to confirm your order. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You hereby agree that any claims you may have related to use or consumption of a Box or Item shall be directed solely to the manufacturer of such item.
All sales are final and may not be cancelled.
6. SHIPPING, RETURNS & EXCHANGES
Usually, packages will arrive within 3-5 days after shipment; however, they may arrive sooner or later. We will supply you with a tracking number for each package. You are liable for submitting the correct shipping address. In the event that a package does not arrive when expected, please immediately contact us at general@thefruitfulbox.com. We will not assume any liability with respect to any delay in shipment.
The risk of loss and title for such Boxes and Items pass to you upon our delivery to the carrier of your Box or Item (i.e. delivery services, such as Federal Express). Defects with Items within the Boxes may exist and should be immediately reported to us. We may require the return or photographic documentation of any Item or Box that you are dissatisfied with. We will use our best efforts to replace or refund the cost of a defective Item, in our sole discretion.
Due to the perishable nature of the Boxes and Items, we are unable to accept returns of Boxes or Items. Please do not ship items back to us.
7. USER COMMENTS, REVIEWS, AND OTHER SUBMISSIONS
We reserve the right to moderate reviews submitted to Fruitful. We may, but have no obligation to, monitor, edit or remove content, including reviews and comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy at: [INSERT LINK] By accessing the Website, you agree and understand that we will use your information as set forth in our Privacy Policy. Further, by entering your email address and subscribing you hereby agree to receive our promotions and other commercial messages. You may unsubscribe at any time.
9. RESTRICTIONS OF USE
In addition to other prohibitions as set forth in the Terms, you are prohibited from using or the Website or its content or encourage any third party to use the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to introduce viruses, trojans, worms, logic bombs or other code or material that is malicious or technologically harmful; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; (l) interfere with any third party’s use and enjoyment of the Website; or (m) otherwise use the Website or content in any unlawful manner or in breach of these Terms. We reserve the right to limit or terminate your use of the Website or any related website for violating any of the prohibited uses.
You must not attempt to gain unauthorized access to this Website, to the server in which it is stored, or to any server, computer or database connected to it. You must not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under applicable criminal laws. We will report any such breach to the relevant authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will immediately cease.
WE MAKE NO REPRESENTATION OR WARRANTIES THAT THE WEBSITE IS OR WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. WE MAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE WEBSITE AT ANY TIME. YOUR ACCESS TO THE WEBSITE IS AT YOUR OWN RISK AND RESPONSIBILITY. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
10. THIRD PARTY TOOLS & LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. For example, we use a third-party payment processor when you place an order (“Third Party Processor “); therefore, we have limited control and will not be held responsible for error by the Third Party Processor occurring during the order and purchase. We will make best efforts to assist in any such errors with Third Party Processors.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Some Boxes and Items available on this Website may include materials from third parties, and third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any other transactions made in connection with any third-party websites. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11. DISCLAIMER OF WARRANTIES
THE BOXES, ITEMS AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, THE COMPANY DOES NOT WARRANT THAT THE WEBSITE AND CONTENT WILL OPERATE ERROR-FREE, OR THAT THE WEBSITE AND CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT THE COMPANY WILL CORRECT ANY ERRORS ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. THE COMPANY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT OR SERVICE THAT IS DISPLAYED OR FEATURED BY THE COMPANY, ITS PARTNERS AND EVEN OTHER USERS MADE AVAILABLE THROUGH THE WEBSITE. EXCEPT AS EXPRESSLY STATED IN THE TERMS THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE. FRUITFUL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FRUITFUL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE. FROM TIME TO TIME, COMPANY MAY SUSPEND THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR SHUT DOWN THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.
12. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY BOXES OR ITEMS PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY BOX OR ITEM, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR ITEM AND BOX) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE WEBSITE AND ITS BOXES OR ITEMS IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THIS LIMITATION OF LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your authorized or unauthorized use of the Website; (ii) abusing or infringing third party rights through the Website; and (iii) your breach of these Terms or any applicable law and regulation. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Website.
14. TERMINATION
You can terminate these Terms and the use of the Website at any time. If you wish to terminate your use of the Website, you may do so simply by ceasing your use of the Website or by sending us a request to delete your Account at general@thefruitfulbox.com. Once the Account is deleted you will not be able to recover it and if you wish to use the Website again, you will need to create a new Account. Therefore, if you believe you will want to use the Website again, we recommend you not delete your Account.
We may terminate your access to all or any part of the Website at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Website.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
15. INTELLECTUAL PROPERTY
The Website, Boxes, Items, Boxes’ and Items’ descriptions, pictures, video, signs and all of other content available herein, including but not limited, blogs, articles, images, text, trademarks, logos and designs (collectively, “Content”) are owned by Company or its third-party partners and provided to you for your personal and non-commercial use, all subject to the Terms herein.
By accessing the Website or creating an Account, we hereby grant you a limited, non-exclusive, non-transferable, non-commercial license to access the Website. Except as provided herein, no right, title or interest shall be licensed to you, and we reserve any and all rights, title and ownership of the Website and Content. We reserve the right to disable the access to the Website and individual Accounts by anyone who infringes the intellectual property rights of others. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without express written permission by us.
16. DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois (excluding provisions of conflict of laws). Regarding any dispute arising out of or in connection herewith, you hereby agree to first contact us at general@thefruitfulbox.com and attempt to resolve the dispute with us directly and amicably. If we were not able to resolve the dispute with you, we each agree, by these enforceable Terms, to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by a single arbitrator, which shall be appointed by mutual consent of the parties. If the parties are unable to agree on the identity of the arbitrator within seven days of a party’s request to appoint an arbitrator, then the decision as to the identity of the arbitrator may be referred by each party to the American Arbitration Association, who shall be authorized to appoint the arbitrator. The arbitration proceedings shall be held in Illinois. The arbitration and any information and documents submitted therein shall be confidential (subject to each party’s right to apply to court to confirm or cancel the arbitrator’s award). The arbitrator shall adhere to Illinois substantive law but shall not be required to adhere to procedural law or law of evidence. The arbitration award shall be reasoned and shall be provided in writing. The arbitration award shall not be appealable.
The following claims are excluded from arbitration: (i) any disputes related to Fruitful’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights); (ii) claims within the jurisdiction of the applicable small claims court; (iii) any claims that applicable law require to be excluded. Absent our written consent, you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, collective actions, class actions, private attorney general actions, and consolidated proceedings of any kind are not permitted. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INCLUDING FOR DISPUTES NOT SUBJECT TO ARBITRATION.
17. MISCELLANEOUS
If any provision of these Terms is held to be unlawful, void, or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18. CONTACT US:
If you have any questions or concerns regarding these Terms, please contact us at:
Fruitful Box Inc.
general@thefruitfulbox.com