Terms & Conditions

Terms & Conditions

EFFECTIVE DATE: FEBRUARY 15, 2022

Welcome to Flora! Please read these Terms & Conditions (“Terms”) and our Privacy Policy carefully before using our website and services offered through it (the “Service”). These Terms remain effective until cancellation by either the customer, user, or others accessing the Service (“Customer” or “you”) or by Flora Fruit Company, Inc., a Delaware corporation (“Flora”, “Company”, “we”, or “us”).

Please review these Terms carefully. The latest version of these Terms will be posted on this website and may be updated without notice. By accessing or using our Service you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, then you do not have permission to access the Service and you should leave our website.

ARBITRATION AND WAIVER OF JURY TRIAL

As discussed further below in these Terms, both you and Flora agree, with the limited exceptions noted below, to resolve all disputes between you and Flora through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

PERISHABILITY OF GOODS

Please inspect all products for freshness, damage, and other issues upon delivery. You are responsible for maintaining freshness of the products after you receive your order.

 

We recommend you follow U.S. Department of Agriculture and U.S. Food and Drug Administration guidelines for food safety (accessible here and here). Store perishable fresh fruits and vegetables (like strawberries, lettuce, herbs, and mushrooms) in a clean refrigerator at a temperature of 40 degrees Fahrenheit or below. Additionally, wash all produce thoroughly under running water before preparing and/or eating. Washing fruits and vegetables with soap, detergent, or commercial produce wash is not recommended. Produce is porous, and soap and household detergents can be absorbed by fruits and vegetables. Failure to follow food safety practices and temperature recommendations may increase the risk of foodborne illness.

Please provide as much information as possible to help us locate your home, business, or apartment. We will do our best to deliver your fruit to you in accordance with your specifications.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This information will be stored and protected pursuant to our Privacy Policy.

By submitting the requested information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services to facilitate payments and complete Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.

We use third-party delivery services to deliver your Purchase. This means that the risk of loss and title for the Purchase passes to you upon our delivery to the third-party carrier.

BECAUSE THE FOOD WE PROVIDE IS PERISHABLE, WE REQUIRE A MINIMUM OF 48-HOUR NOTICE PRIOR TO DELIVERY FOR ANY CHANGES TO A FLORA ORDER, INCLUDING BUT NOT LIMITED TO PAUSED DELIVERY, DELIVERY ADDRESS CHANGES, ALLERGY CHANGES, AND DELIVERY WINDOW CHANGES. PURCHASES ARE NON-REFUNDABLE, BUT ELIGIBLE FOR STORE CREDIT IF CANCELLED BEFORE THE DEADLINE. 

SUBSCRIPTION SERVICE

We offer subscription plans as indicated on this website. By purchasing a subscription plan, you agree to pay Flora the full subscription fee. Your credit card will automatically be charged on a recurring basis until canceled by you or us. You can cancel your subscription at any time on your account page, or by reaching us at eat@flora.us or (414) 367-7372. You may cancel your subscription at any time. 

NON-SUBSCRIPTION SERVICE

One-time purchases do not auto-renew. If you are unsure whether you purchased a subscription or a one-time purchase, please check your receipt and/or your account. If you are still unsure, please feel free to contact us at eat@flora.us or (414) 367-7372.

WEATHER & TRAFFIC

We cannot guarantee delivery within your selected time slot for many reasons, including weather, traffic, and other factors outside of our control. In instances of inclement weather, we hold the right to cancel our deliveries in order to avoid putting our delivery teams at risk. In such a case, we will notify you as early as possible. As both traffic and weather are outside of Flora’s normal control, refunds will not be issued for affected orders.

SHIPPING FEES, TAXES

Sales tax will be charged as applicable. We do not ship internationally at this time.

AVAILABILITY, ERRORS, AND INACCURACIES

We are constantly updating product and service offerings on the Service. While we strive for accuracy, the information found on the Service may contain errors or inaccuracies and may not be complete or current. We do not warrant that product descriptions or pricing is accurate, complete, reliable, current, or error-free. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. If an error or inaccuracy occurs with respect to your Purchase, your only remedy would be to contact us for a credit, if appropriate.

ACCOUNTS

When you create an account, you warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. We do not market to, or sell to, children.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate accounts that violate any of the rules in this section.

INTELLECTUAL PROPERTY

The Service and its original content, features, and functionality are and will remain the exclusive property of Flora and its licensors. The Service is protected by trademark and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. No reproduction, modification, publication, or transmission of the content or trademarks may be made for any purpose without prior written approval of the Company. We reserve all rights as permitted by law. Subject to your compliance with these Terms, we grant you a limited, non-transferable license to access and make personal use of the Service. We reserve and retain all rights not expressly granted to you in these Terms.

THIRD-PARTY CONTENT & LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that we do not own or control. Any content of third parties (“Third-Party Content”), including but not limited to websites, images, photography, text, or graphics, is not under our control. There is no warranty (express or implied) to Third-Party Content which is the property of respective providers, companies, or licensors and protected by applicable copyright law. We take no responsibility for any Third-Party Content or websites and does not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Flora shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

TERMINATION AND CANCELLATION

We reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your Purchase if you provide us with inaccurate or incomplete information, appear to be engaging in fraud or an unauthorized or illegal activity with respect to your use of the Service, or appear to be in breach of these Terms.

By using our Service you consent to receive communications from us electronically. You have the option to opt-out of our marketing communications.

We will provide all notices, including cancellation, to you at the last e-mail address that you have provided to us. However, we reserve the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FLORA OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. WITH RESPECT TO ANY PURCHASE MADE BY USE OF THE SERVICE OUR LIABILITY IS LIMITED TO THE PRICE PAID BY THE PURCHASER.

DISCLAIMER

By using our products and services, you acknowledge that you are doing so at your own risk. Always seek the expert advice of your nutritionist, physician, or other qualified health provider regarding a medical diagnosis or condition. Information and resources found on this website are based on the opinions of the creator and should not be used to make health changes or to determine a diet. We do not claim that our meal programs, products, or services will alleviate, heal, or cure any health condition or symptom. None of the products or services we offer are meant to diagnose, treat, prevent, or cure any medical condition. To our knowledge, the Food and Drug Administration has not evaluated any of the statements made by us on this website, or any our or programs or products.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

FLORA, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify and hold Flora and its shareholders, employees, officers, directors, consultants, agents and affiliates harmless from and against any and all claims, damages, costs and expenses, including costs and attorney’ fees, arising from or related to your use of the Services.

DISPUTE RESOLUTION; arbitration of claIms; class action waiver

Both you and Flora agree, with the limited exceptions noted below, to resolve all disputes between you and Flora through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Any dispute submitted to arbitration under these Terms will be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.

Jurisdiction and venue for any dispute shall be in Milwaukee, Wisconsin. Each party submits to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision of these Terms unenforceable, then jurisdiction and venue will instead be in your home county of residence.

The arbitration will take place in Milwaukee, Wisconsin, in accordance with the Consumer Arbitration Rules of the American Arbitration Association. Those rules are available at: http://www.adr.org. This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award will be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Both you and Flora waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Consumer Arbitration Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of this Dispute Resolution procedure will be null and void.

Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of creating your Flora account, you must send a letter to Flora Fruit Co., Inc., Attn: Legal Department, 5651 N Lydell Ave PO Box 170952, Milwaukee WI 53217, that specifies (1) your name, (2) your account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable only if you can prove that the request was postmarked within the applicable 15-day deadline.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will indicate the date upon which these Terms are modified and prior versions will be maintained. If any of these Terms shall be deemed invalid, void or unenforceable that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

SITE MAINTENANCE

We reserve the right to cease, interrupt, or withdraw your access to our website for any reason.

TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of this website without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms, or is harmful to our interests or the interests of other users. In addition, we reserve the right to refuse an order from any customer at our sole discretion.

CONTACT US

If you have any further questions about these Terms, please contact us at eat@flora.us or (414) 367-7372.