SERVICE TERMS

This agreement (the “Agreement”) between Fig to Fork, LLC (“Fig to Fork”, “us” or “we”) and you sets forth the terms and conditions which govern your Fig to Fork subscription, orders and other use of Fig to Fork’s services.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO THE SERVICES OFFERED BY FIG TO FORK BELOW. BY SUBSCRIBING TO THESE SERVICES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT SUBSCRIBE TO ANY SERVICES AND SHOULD IMMEDIATELY CANCEL ANY EXISTING SUBSCRIPTIONS. FIG TO FORK MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

REGISTRATION

You must be 18 years of age or older to subscribe to Fig to Fork’s services. In order to subscribe to our services you must create an online account accessed by a personal password. You may be liable for unauthorized use of our website through your account. As part of your subscription to our services, we will collect certain information necessary for completing your order, the privacy and use of which is govern by our terms of use. By subscribing to our services you automatically agree to receive our newsletter.

If you are a registered user, you may access and update your registration, address and payment information by logging into the “Account” section of our website. Email preferences may be managed by clicking the “Update Subscription Preference” link included in our newsletter.

ORDERS

Fig to Fork services include a weekly recurring subscription. Once subscribed to our services you will receive a delivery each week at the posted date and time until you cancel your subscription. Cancellations must be received by 11:59pm the Friday before the next week’s delivery. Whether a delivery will be made to a given location is at the sole discretion of Fig to Fork. Delivery may also be available, at Fig to Fork’s option, to certain pick-up locations.

You may cancel your order at any time by writing an email to subscriptions@figtofork.com before the posted deadline for a given delivery.

BILLING

We accept payment only via the methods available during checkout, including via select credit or debit cards. You will be charged each week on the day of delivery.

We will not process orders that attempt to use an incorrect, expired or over-the-limit credit card. Although we will make our best efforts to contact you in this situation, should such an order be processed Fig to Fork reserves the right to collect funds for an unfunded transaction. You will be responsible and liable for any and all fees, including attorneys’ fees and collection costs, that Fig to Fork may incur in its efforts to collect your unpaid balance.

Fig to Fork will issue a refund only if there is a defect in the delivered product.

DELIVERY OF YOUR ORDERS

Delivery to your home:

To receive delivery you must live in a house or residential building within one of our available delivery zones. Delivery of your subscription will occur weekly during the posted delivery window. If you live in a doorman building, your doorman must be present and willing to accept your order at the time of delivery.

If you live in a multi-unit residential complex, our delivery representative will ring your doorbell and wait to be buzzed in, after which they will leave your order inside the building entrance. Our delivery representative will not bring your order up to your apartment door, or wait for you to come to the building entrance and collect it. If you are not present during the posted delivery window, we will follow the alternative delivery instructions provided during the checkout process. 

If for any reason we are unable to deliver your order to you, your doorman or via the alternative delivery instructions, your order will be returned to us and donated to an organization of our choosing. We are unable to make repeat delivery attempts and no refund is available if we are unable to deliver your order.

Special delivery may be agreed to under certain circumstances at Fig to Fork’s sole discretion, and may incur additional charges. If you require special assistance, or need us to deliver to your apartment door, please contact subscriptions@figtofork.com.

Delivery to a pick-up/company location:

Fig to Fork may offer you, through our website, the opportunity to pick-up your order at certain pick-up/company locations, selected by Fig to Fork. Pick-up/company locations may change from time to time and the present availability of a pick-up/company location is not a guaranty of future availability at that location. Fig to Fork is not liable for any change or cancellation of any pick-up/company location. If you select to pick-up your order at a pick-up/company location, you may pick it up weekly during the posted pick-up window as said location. If for any reason you are unable to pick-up your order within the posted pick-up time at the selected pick-up/company location, your order will be returned to us and donated to an organization of our choosing. We are unable to offer repeat pick-up attempts and no refund is available if you are unable to pick-up your order, for any reason. Any personnel at a pick-up/company location are not employees or agents of Fig to Fork and are not responsible for missing or damaged items or orders. If you have any questions or feedbacks please contact subscriptions@figtofork.com.

Fig to Fork is not responsible for loss or damage to your order after delivery or pick-up; this includes but is not limited to theft of your order following your pick-up and spoliation of any items.

In the case of inclement weather or unforeseen delivery complications, Fig to Fork reserves the right to make adjustments to the delivery or pick-up schedule, including changing pick-up or delivery day or time, or canceling a pick-up or delivery. Should this occur, Fig to Fork will contact you via email or telephone to provide you with information regarding the rescheduled pick-up or delivery.

Fig to Fork uses insulated packing material to keep your order cold during the delivery process/window. Perishable items in your box should be refrigerated upon receiving them.

PRODUCT AVAILABILITY AND INFORMATION.

The products we display on our website and in company communications are representative of what you will receive in your delivery. By subscribing, you acknowledge that, due to the uncertainty of the availability of locally sourced food products and market conditions beyond our control, we reserve the right to substitute one or more items in your delivery for a different item or a similar item from a different producer. Fig to Fork will make all reasonable attempts to adhere to the planned menu, and will

Fig to Fork labels all pre-packaged products with detailed ingredient information, but some items may be packaged in a kitchen that also processes gluten, nuts, dairy and meat. Fig to Fork cannot guarantee that all our products are free from these ingredients.