Terms of service

Terms of Service

Last Updated: August 29, 2026

OVERVIEW

This website is operated by Fruit and Nut Co., LLC (“Fruit and Nut Co.,” “FNCO,” “we,” “us,” or “our”).

Fruit and Nut Co., LLC operates this website and online store, including all related information, content, features, tools, products, and services offered through it (collectively, the “Services”).

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and Services to you.

These Terms of Service (“Terms”) govern your access to and use of the Services, including purchases made through our website.

Please read these Terms carefully. They contain important provisions concerning your legal rights, limitations of liability, disclaimers of warranties, and other matters.

By visiting, accessing, interacting with, or purchasing from our website, you agree to be bound by these Terms and the policies incorporated into them, including our Privacy Policy, Refund Policy, and Shipping Policy.

If you do not agree to these Terms, you should not access or use the Services.

SECTION 1 – ELIGIBILITY & ACCOUNTS

By using the Services, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority and have authorized any minor dependents under your care to use the Services.

You agree to provide accurate, current, and complete information when placing an order or creating an account.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

You may not transfer, sell, assign, or otherwise provide your account to another person without our authorization.

We reserve the right to refuse service, suspend accounts, cancel accounts, or restrict access to the Services where permitted by applicable law.

SECTION 2 – PRODUCTS

We make reasonable efforts to accurately describe and display our products.

However, many Fruit and Nut Co. products are handcrafted, produced in batches, or made using agricultural and natural ingredients. As a result, reasonable variations in color, size, weight, shape, texture, appearance, finish, or other characteristics may occur.

Product photographs are provided for illustrative purposes. Actual products may vary from photographs because of natural variation, production changes, packaging updates, lighting, photography, or your device's display settings.

Unless specifically stated otherwise, props, serving dishes, decorations, ingredients shown for presentation, and other items appearing in product photographs are not included.

We reserve the right to change product formulations, packaging, specifications, descriptions, pricing, and availability without prior notice where permitted by law.

We may discontinue products or limit quantities available to any customer, household, geographic area, reseller, or jurisdiction.

SECTION 3 – FOOD PRODUCTS, INGREDIENTS & ALLERGENS

Fruit and Nut Co. sells food products.

Customers with food allergies or dietary restrictions are responsible for reviewing the ingredient and allergen information provided with the product before consumption.

Our products may contain or come into contact with allergens, including but not limited to peanuts, tree nuts, milk, wheat, soy, sesame, and other allergens.

Products may be manufactured, processed, handled, stored, or packaged in facilities where other allergens are present.

Ingredients, suppliers, manufacturing processes, recipes, and packaging may change from time to time. Customers should always review the ingredient and allergen information appearing on the actual product received before consuming it.

Information provided on our website is not intended as medical advice and should not be relied upon as a substitute for advice from a qualified healthcare professional.

If you have a severe allergy, sensitivity, medical dietary restriction, or questions regarding a product's ingredients, please contact us at info@fruitandnutcompany.com before ordering or consuming the product.

Nothing in this section limits liability that cannot lawfully be limited or excluded.

SECTION 4 – ORDERS & ACCEPTANCE

Submitting an order constitutes an offer to purchase products from Fruit and Nut Co., LLC.

Receipt of an order confirmation or authorization of payment does not necessarily constitute our final acceptance of an order.

We reserve the right, where permitted by law, to accept, reject, limit, modify, or cancel an order for reasons including:

  • Product unavailability;

  • Pricing or description errors;

  • Suspected fraud or unauthorized payment activity;

  • Incorrect customer information;

  • Shipping restrictions;

  • Unusually large quantities;

  • Suspected unauthorized resale or distribution;

  • Violation of these Terms; or

  • Other circumstances reasonably requiring cancellation.

If we cancel an order after payment has been collected, we will refund the applicable amount as required by law.

Please review your order carefully before submitting it. Once processing has begun, we may be unable to change or cancel an order.

SECTION 5 – WHOLESALE & RESALE

Unless otherwise expressly agreed by Fruit and Nut Co., LLC, purchases made through our consumer-facing website are subject to these Terms.

Businesses purchasing products for resale, distribution, foodservice, corporate gifting, or other commercial purposes may be subject to separate wholesale terms, pricing, minimum order requirements, payment terms, or written agreements.

Where a separate written wholesale, distribution, private-label, or commercial agreement exists between you and Fruit and Nut Co., LLC, that agreement will control to the extent it conflicts with these Terms with respect to the applicable transaction.

We reserve the right to restrict unauthorized resale, marketplace listings, or use of our intellectual property in connection with resale where permitted by law.

SECTION 6 – PRICING, PAYMENT & BILLING

Prices, promotions, discounts, and product availability are subject to change without notice.

The price applicable to an order will generally be the price displayed when the order is submitted, subject to correction of errors and applicable law.

Unless expressly stated otherwise, displayed prices do not include applicable sales taxes, shipping charges, handling fees, customs charges, duties, or other applicable charges.

You agree to provide current, complete, and accurate billing and payment information.

By submitting payment information, you represent and warrant that you are authorized to use the payment method provided and authorize us and our payment processors to charge amounts associated with your purchase.

We reserve the right to correct pricing or billing errors.

If a material pricing error affects an order that has already been submitted, we may cancel the affected order and issue any refund required by applicable law.

SECTION 7 – SHIPPING & DELIVERY

All orders are subject to our Shipping Policy.

Processing times, transit times, and estimated delivery dates are estimates unless expressly stated otherwise.

We are not responsible for carrier delays, weather disruptions, service interruptions, customs delays, natural disasters, incorrect or incomplete addresses, or other circumstances outside our reasonable control.

Certain products, including chocolate and other temperature-sensitive foods, may require special shipping procedures.

During periods of warm weather, we may delay shipment, use protective packaging, modify available shipping methods, or take other reasonable precautions intended to protect product quality.

Customers are responsible for providing a complete and accurate delivery address and for retrieving delivered packages promptly.

Once tracking indicates that a package has been delivered to the address provided with the order, claims involving theft, loss after delivery, exposure to weather after delivery, or packages left unattended will be evaluated in accordance with our Shipping and Refund Policies and applicable law.

Nothing in these Terms eliminates any shipping, cancellation, or refund rights that cannot legally be waived.

SECTION 8 – PERISHABLE & TEMPERATURE-SENSITIVE PRODUCTS

Some Fruit and Nut Co. products are susceptible to heat, cold, humidity, or other environmental conditions.

Chocolate may soften, melt, bloom, or otherwise change appearance when exposed to heat. Cold packs and insulated packaging, when used, are intended to reduce heat exposure but do not guarantee that products will remain below a particular temperature throughout transit.

A cold pack arriving thawed does not by itself indicate that a product is unsafe or damaged.

Customers should arrange for temperature-sensitive packages to be brought indoors promptly following delivery.

We are not responsible for deterioration caused by a package remaining outdoors or otherwise exposed to environmental conditions for an unreasonable period following confirmed delivery, except where responsibility cannot lawfully be excluded.

SECTION 9 – RETURNS, REFUNDS & FOOD SAFETY

Returns, refunds, replacements, and cancellations are governed by our Refund Policy.

Because we sell food and other consumable products, certain items may not be eligible for return once shipped or delivered due to food safety, sanitation, tampering, and quality-control considerations.

This does not affect any rights or remedies that cannot be waived under applicable law.

If you believe an item arrived damaged, defective, incorrect, or otherwise materially compromised, contact us promptly at info@fruitandnutcompany.com and provide your order number and photographs where reasonably requested.

Do not consume a product if you reasonably believe it may be unsafe.

SECTION 10 – PROMOTIONS, DISCOUNTS & GIFT CARDS

Promotional offers, discount codes, free shipping offers, giveaways, gift cards, and other promotions may be subject to separate terms.

Unless expressly stated otherwise:

  • Discounts cannot be combined;

  • Promotions have no cash value;

  • Promotions may be limited by customer, household, product, or order;

  • Promotional pricing does not apply retroactively to previous purchases; and

  • We may modify or terminate promotions where permitted by law.

We reserve the right to cancel orders or promotional benefits obtained through fraud, abuse, manipulation, technical errors, or circumvention of promotional restrictions.

SECTION 11 – INTELLECTUAL PROPERTY

The Services and their contents, including without limitation the Fruit and Nut Co. name, FNCO branding, trademarks, logos, product names, packaging, product photography, videos, graphics, illustrations, designs, written content, product descriptions, recipes or formulations to the extent legally protectable, website layout, and other materials are owned by or licensed to Fruit and Nut Co., LLC and are protected by applicable intellectual property laws.

You may use the Services for personal, lawful, non-commercial purposes.

Without our prior written permission, you may not reproduce, copy, republish, modify, distribute, sell, license, display, scrape, download, systematically extract, create derivative works from, or commercially exploit our website or content.

No provision of these Terms grants you ownership of or a license to use our trademarks, logos, copyrighted works, trade dress, or other intellectual property except as expressly stated.

Unauthorized use of our intellectual property may result in legal action.

SECTION 12 – REVIEWS, PHOTOS & USER CONTENT

If you submit reviews, comments, photographs, videos, testimonials, suggestions, ideas, or other content (“User Content”), you represent that you own or otherwise have the rights necessary to submit that content.

To the extent permitted by law, you grant Fruit and Nut Co., LLC a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise use submitted User Content in connection with our business, Services, advertising, and marketing.

You may not submit User Content that is unlawful, fraudulent, defamatory, obscene, threatening, misleading, infringing, or that violates another person's intellectual property, privacy, publicity, or other rights.

We reserve the right, but not the obligation, to remove or moderate User Content where permitted by law.

SECTION 13 – THIRD-PARTY TOOLS & LINKS

The Services may provide access to websites, applications, payment processors, social networks, or other tools operated by third parties.

We do not control these third parties and are not responsible for their content, products, availability, security, privacy practices, or services.

Your use of third-party websites or services may be governed by separate terms and privacy policies.

SECTION 14 – SHOPIFY

Our online store is powered by Shopify.

Shopify provides technology and infrastructure that enable us to operate the online store; however, products purchased through our store are sold by Fruit and Nut Co., LLC, not Shopify.

To the extent permitted by applicable law, Shopify is not responsible for products sold by Fruit and Nut Co., LLC or for claims arising from transactions between customers and Fruit and Nut Co., LLC.

Your use of certain Shopify functionality may also be subject to Shopify's applicable terms and privacy policies.

SECTION 15 – PRIVACY

Our collection, use, and disclosure of personal information are governed by our Privacy Policy.

Certain information may also be processed by Shopify, payment processors, shipping carriers, analytics providers, advertising providers, and other service providers necessary to operate our business and provide the Services.

Please review our Privacy Policy for more information.

SECTION 16 – ERRORS, INACCURACIES & OMISSIONS

Our website may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, ingredients, availability, pricing, promotions, shipping charges, photographs, transit times, or other information.

We reserve the right to correct errors, inaccuracies, and omissions and to update information without prior notice where permitted by law.

We may cancel or modify an affected order when necessary, subject to applicable law and appropriate refunds.

SECTION 17 – PROHIBITED USES

You may not use the Services:

  • For unlawful or fraudulent purposes;

  • To violate applicable laws or regulations;

  • To infringe intellectual property rights;

  • To transmit viruses, malware, or malicious code;

  • To gain unauthorized access to systems, accounts, or information;

  • To collect personal information without authorization;

  • To spam, phish, impersonate, or deceive;

  • To interfere with the security or operation of our Services;

  • To circumvent access restrictions or technological protections;

  • To scrape, crawl, harvest, systematically extract, or reproduce our website, product catalog, pricing, images, or other content without authorization;

  • To use automated systems in a manner that places an unreasonable burden on our infrastructure; or

  • For any activity that could reasonably harm Fruit and Nut Co., LLC, our customers, or other users.

We reserve the right to restrict or terminate access for violations of these Terms.

SECTION 18 – DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY FRUIT AND NUT CO., LLC OR WARRANTIES THAT CANNOT LEGALLY BE DISCLAIMED, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.

PRODUCT INFORMATION PROVIDED THROUGH THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES AND SHOULD BE CONSIDERED TOGETHER WITH THE INFORMATION APPEARING ON THE ACTUAL PRODUCT PACKAGING.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

SECTION 19 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRUIT AND NUT CO., LLC AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY LAW, LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR LIABILITY THAT CANNOT LEGALLY BE LIMITED, THE AGGREGATE LIABILITY OF FRUIT AND NUT CO., LLC ARISING FROM OR RELATING TO A PARTICULAR ORDER, PRODUCT, OR TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO FRUIT AND NUT CO., LLC FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, TO THE EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow certain exclusions or limitations of liability. Where those restrictions apply, our liability will be limited to the maximum extent permitted by applicable law.

SECTION 20 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Fruit and Nut Co., LLC and its members, managers, officers, employees, affiliates, agents, contractors, licensors, and service providers from third-party claims, liabilities, damages, losses, and reasonable attorneys' fees arising out of or relating to:

  1. Your material violation of these Terms;

  2. Your violation of applicable law;

  3. Your infringement or violation of another person's rights; or

  4. Your misuse of the Services.

Your obligations under this section apply only to the extent permitted by applicable law.

SECTION 21 – FORCE MAJEURE

Fruit and Nut Co., LLC will not be responsible for a delay or failure to perform obligations caused by circumstances beyond our reasonable control, including severe weather, natural disasters, fire, flood, war, terrorism, civil unrest, government actions, epidemics or pandemics, labor disruptions, transportation interruptions, carrier failures, utility outages, telecommunications failures, cyber incidents affecting third-party infrastructure, shortages, or supply-chain disruptions.

This provision does not eliminate any refund, cancellation, or other consumer rights that cannot lawfully be waived.

SECTION 22 – TERMINATION

We may suspend or terminate access to the Services where permitted by law, including for violation of these Terms, suspected fraud, abuse, unauthorized activity, or conduct that may harm Fruit and Nut Co., LLC or others.

Termination does not eliminate obligations incurred before termination.

Sections that by their nature should survive termination will remain effective.

SECTION 23 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the provision will be enforced to the fullest extent legally permitted or severed as necessary.

The remaining provisions will continue in full force and effect.

SECTION 24 – NO WAIVER

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

Any waiver must be expressly made by us and will apply only to the circumstances for which it was given.

SECTION 25 – ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Shipping Policy, Refund Policy, and any other policies expressly incorporated by reference, constitute the agreement between you and Fruit and Nut Co., LLC concerning your use of the Services.

For commercial customers subject to a separately executed agreement with Fruit and Nut Co., LLC, the separately executed agreement will control to the extent of a conflict relating to the applicable transaction.

SECTION 26 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Fruit and Nut Co., LLC may assign or transfer its rights or obligations in connection with a merger, acquisition, restructuring, financing, sale of assets, reorganization, or other lawful business transaction.

SECTION 27 – GOVERNING LAW

To the fullest extent permitted by applicable law, these Terms and disputes arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

Nothing in this section deprives a consumer of protections provided by applicable law that cannot lawfully be waived by contract.

SECTION 28 – CHANGES TO THESE TERMS

We reserve the right to modify these Terms from time to time.

The current version will be posted on this page together with the date it was last updated.

Where required by applicable law, we will provide appropriate notice of material changes.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 29 – ELECTRONIC COMMUNICATIONS

By using our Services, you consent to receive transactional communications electronically, including order confirmations, receipts, shipping notifications, account communications, and legally required notices, where permitted by law.

You agree that electronic communications may satisfy legal requirements that communications be provided in writing, to the extent permitted by applicable law.

Marketing communications are subject to applicable law and any consent or opt-out rights provided to you.

SECTION 30 – CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Fruit and Nut Co., LLC
Email: info@fruitandnutcompany.com

Additional business contact information may be provided on our website as required by applicable law.