Terms & Conditions ♡
Please read these Terms & Conditions carefully before purchasing, ordering, accessing, or using our products, services, or website.
By placing an order with Frutty Charms LLC, using our website, or accepting delivery of our products, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.
About Frutty Charms
These Terms & Conditions (“Terms”) govern purchases from and use of services provided by Frutty Charms LLC (“Frutty Charms,” “we,” “us,” or “our”), including orders placed through our website, online store, telephone, social media, or other authorized sales channels.
Frutty Charms specializes in handcrafted fruit, chocolate-covered fruit, gift arrangements, bouquets, boxes, confectionery items, flowers, and related products.
Acceptance of These Terms
By accessing our website or submitting an order, you agree to be legally bound by these Terms, our Privacy Policy, Refund and Cancellation Policy, Delivery Policy, and any additional policies or notices displayed at checkout.
If you do not agree with these Terms, you should not place an order or use our services.
Handcrafted Products
Our products are handcrafted and may contain natural ingredients. Because fruit naturally varies in size, color, shape, ripeness, and appearance, the final product may differ slightly from photographs displayed on our website or promotional materials.
Decorative arrangements may also vary based on availability, seasonality, and the characteristics of individual ingredients.
Product photographs are intended as a reasonable representation and do not constitute a guarantee that every arrangement will be visually identical.
Freshness & Refrigeration
Certain Frutty Charms products contain fresh fruit and other perishable ingredients and must be handled appropriately after delivery.
Products identified as requiring refrigeration should be refrigerated promptly after receipt and stored in accordance with any instructions included with the product.
The customer and recipient are responsible for proper storage, refrigeration, and handling after successful delivery and acceptance.
Frutty Charms LLC is not responsible for deterioration, melting, spoilage, loss of freshness, or other damage resulting from improper storage or handling after the product has been successfully delivered and accepted, except to the extent responsibility cannot lawfully be excluded.
Recipient Must Be Available
Because many Frutty Charms products are fresh and perishable, we do not intentionally leave refrigerated or perishable Frutty Charms packages unattended at a door, porch, driveway, or other unsecured location.
Someone must be available at the delivery location to personally accept the order.
A refrigerated or perishable Frutty Charms order must be handed to the recipient or another authorized person at the delivery address.
For deliveries to businesses, apartment buildings, hotels, hospitals, schools, gated communities, or similar locations, delivery to an authorized receptionist, concierge, front desk, security representative, doorman, or other authorized person may constitute completed delivery.
Failed Delivery & Recipient Unavailability
The purchaser is responsible for providing a complete and accurate delivery address, apartment or unit number, gate information, recipient name, telephone number, and any other information reasonably necessary to complete delivery.
If nobody is available to receive a perishable order, our driver may attempt to contact the purchaser or recipient using the information provided with the order.
If delivery cannot be safely completed, the product may be returned to Frutty Charms rather than being left unattended.
A new delivery attempt may require payment of an additional delivery fee.
Because products may be prepared specifically for an order and may be perishable, an unsuccessful delivery caused by an incorrect address, inaccessible property, recipient unavailability, incorrect contact information, or circumstances attributable to the purchaser or recipient does not automatically entitle the purchaser to a refund.
Delivery Times
Any delivery date, time window, estimated arrival time, or other delivery estimate is provided in good faith but is not guaranteed unless Frutty Charms expressly agrees otherwise in writing.
Delivery times may be affected by traffic, weather, road closures, accidents, building access, security procedures, high order volume, holidays, driver availability, or other circumstances beyond our reasonable control.
A delay alone does not constitute product failure or automatically create a right to a refund when the order is otherwise delivered in acceptable condition.
Pickup Orders
Customers selecting Local Pickup are responsible for collecting their orders during the confirmed pickup period.
Once a perishable product has been transferred to the customer or the customer’s authorized representative, responsibility for transportation, refrigeration, storage, and handling passes to the recipient, subject to applicable law.
Allergens & Dietary Information
Products may contain or come into contact with common allergens, including but not limited to milk, dairy, soy, peanuts, tree nuts, wheat, gluten, eggs, and other ingredients.
Customers with food allergies, intolerances, or dietary restrictions are responsible for reviewing available ingredient and allergen information before purchasing or consuming a product.
Unless expressly confirmed by Frutty Charms in writing, we do not represent that our preparation environment is allergen-free, and cross-contact may be possible.
Florida Cottage Food Notice
Florida Statutes Section 500.80 provides a framework under which qualifying cottage food operations may produce and sell qualifying cottage food products directly to consumers, including certain online sales, subject to applicable statutory requirements.
Cottage food status applies only to products and activities that legally qualify under applicable Florida law.
To the extent a Frutty Charms product is lawfully offered as a cottage food product, it will be produced, packaged, labeled, and sold subject to applicable Florida cottage food requirements.
Nothing in these Terms is intended to classify a product as a cottage food product when that product does not qualify under applicable law.
Orders & Payment
All orders are subject to acceptance, product availability, payment authorization, delivery availability, and these Terms.
Frutty Charms reserves the right to reject or cancel an order when reasonably necessary, including in cases of suspected fraud, pricing or website errors, ingredient unavailability, delivery limitations, or circumstances preventing us from safely fulfilling the order.
If Frutty Charms cancels an order that has been paid and no product or service has been provided, the applicable amount will be refunded to the original payment method.
Cancellations, Changes & Refunds
Many products are made to order and involve fresh or perishable ingredients. Therefore, cancellation, modification, return, and refund rights may be limited once preparation has begun.
Any refund, replacement, store credit, cancellation, or modification remains subject to our applicable Refund and Cancellation Policy and applicable law.
Nothing in these Terms eliminates any non-waivable rights or remedies available to a consumer under applicable law.
Order Issues
If you believe your order was incorrect, damaged, incomplete, or materially different from what was ordered, please contact us promptly and provide your order number, a description of the issue, and clear photographs when reasonably available.
Prompt notice helps us investigate issues involving perishable products while the condition of the product can still be reasonably evaluated.
Gift Orders
When purchasing a product for another person, the purchaser is responsible for providing accurate recipient and delivery information and for selecting a location where an authorized person can receive the order.
The purchaser is responsible for ensuring that the recipient is able to receive and appropriately handle a perishable product.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRUTTY CHARMS LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF OUR WEBSITE, PRODUCTS, DELIVERY SERVICES, OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRUTTY CHARMS LLC’S AGGREGATE LIABILITY ARISING FROM A PARTICULAR ORDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO FRUTTY CHARMS LLC FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
These limitations do not apply to liability that cannot lawfully be excluded or limited under applicable law.
Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Frutty Charms LLC and its members, managers, employees, contractors, agents, and service providers from third-party claims, losses, liabilities, and reasonable expenses arising from your unlawful use of our website or services, your material breach of these Terms, or information or instructions you provide that infringe the rights of another person.
Force Majeure
Frutty Charms LLC will not be responsible for delay or failure to perform caused by circumstances beyond its reasonable control, including severe weather, hurricanes, flooding, natural disasters, power or internet outages, governmental actions, transportation disruptions, road closures, supply shortages, labor disruptions, emergencies, or similar events.
Intellectual Property & Reservation of Rights
Unless otherwise indicated, the Frutty Charms name, logos, brand identity, mascot, graphics, product presentation, photographs, videos, website design, written content, packaging concepts, illustrations, promotional materials, and other original materials are owned by or licensed to Frutty Charms LLC and are protected to the extent provided by applicable intellectual property law.
No content may be copied, reproduced, republished, distributed, commercially exploited, modified, or used to create misleadingly similar branding without prior written authorization from Frutty Charms LLC, except as otherwise permitted by law.
Website Information
We make reasonable efforts to provide accurate product descriptions, photographs, prices, availability, and other information. However, typographical, technical, photographic, pricing, or other errors may occur.
We reserve the right to correct errors and update information, subject to applicable law.
Fraud & Misuse
We reserve the right to refuse or cancel transactions reasonably suspected of fraud, unauthorized payment activity, abusive conduct, attempted exploitation of pricing or website errors, or other unlawful activity.
Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable federal law or another mandatory law provides otherwise.
Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed as necessary, and the remaining provisions shall remain in effect.
No Waiver
A failure by Frutty Charms LLC to enforce a provision of these Terms on one occasion does not constitute a waiver of that provision or of our right to enforce it later.
Changes to These Terms
Frutty Charms LLC may update these Terms from time to time. The version displayed on our website with its stated effective or last-updated date will apply prospectively to transactions governed by that version, subject to applicable law.
We’re here to help. ♡
For questions regarding these Terms & Conditions, please contact Frutty Charms LLC.
contact@fruttycharms.com