Welcome to The Fruit Company ("we," "us," or "our"). By accessing our website www.thefruitcompany.com or placing an order, you agree to these Terms and Conditions ("Terms"). If you do not agree, please do not use our site or services. 

We reserve the right to refuse or terminate service to any customer who violates these terms, applicable laws, or engages in conduct that we reasonably determine to be harmful, unlawful, or abusive. 

Products and Orders 

We sell fruit gift baskets and related items. Product descriptions, images, and prices are provided for your convenience but may vary slightly. We reserve the right to correct errors or cancel orders if needed. All orders are subject to product availability.

Pricing and Payment 

Prices are in USD and exclude shipping, which will be added at checkout. We accept major credit cards and other payment methods shown on our site. Payment is due at the time of order. We use secure processing, but you're responsible for any unauthorized use of your payment information. 

From time to time, we offer promotional discounts, special pricing, or discounted shipping on specific products. These offers are subject to change without notice and expired offers or offers found on websites other than The Fruit Company will not be honored. We cannot honor discounts, special pricing, or discounted shipping for previously placed orders where the discount has since expired. 

Substitutions 

We give our best efforts to ensure that the fruit and gourmet food items we feature on our site are in season and available. In some areas with a shorter growing season, this is not possible. For optimal freshness and quality, or due to seasonal or other unexpected factors, we may substitute certain items of equal or higher value and appearance. Our customer service department will contact you if a major substitution is necessary. Substitutions made due to agricultural restrictions do not qualify for refunds or replacements, as they are required by law and are made to ensure compliance and quality.

Shipping and Delivery 

General Shipping Information 

  • We only ship to addresses within the United States.  
  • We do not ship to Post Office boxes or APO/FPO addresses. 
  • Because our shipping carriers sometimes expedite deliveries, your gift may arrive on or before the specified delivery date. 
  • We do not guarantee delivery for: incorrect address, failed delivery attempts by carrier, weather-related and other carrier service disruptions beyond our control. 
  • Please ensure that your gift recipient is available to receive gift delivery. We are not responsible for delivered gifts that are left unclaimed because the recipient is out of town, relocated, or otherwise unavailable. 

Order and Delivery Cutoff Times  

  • Orders placed after 12:00PM Pacific Time will be processed and shipped on the next business day.  
  • Orders for certified organic gifts will only ship on Monday, Tuesday, and Wednesday.  
  • Orders with certain highly perishable items that are placed after 12:00PM Pacific Time on Wednesday may ship the following Monday to avoid weekend transit. 
  • Harvest Club monthly subscriptions ship based on harvest timing and fruit availability. We cannot honor requests for specific shipping or arrival dates for these gifts. 
  • During November and December, shipping timeframes may vary due to increased carrier volumes and demand. We do not guarantee arrival dates during these periods even with express shipping. 

Destination Restrictions 

  • Due to agricultural regulatory restrictions, we do not ship citrus fruit to Arizona and pineapple to Hawaii. 
  • Alaska and Hawaii deliveries require express shipping methods. As a result, standard shipping methods and certain promotional shipping methods are not available for these deliveries. 
  • Due to state agricultural restrictions, cherries cannot be shipped to California except as part of our Harvest Club gifts. Replacement of Harvest Club cherry shipments will be substituted with other fruits due to this same restriction. 

Deliveries to Hospitals, Hotels, and College Campuses

We do not guarantee delivery to hospitals, hotels, and college campuses. When delivering to these locations, we are not responsible for gifts that are lost on-site, rejected, unclaimed in community mail rooms, or arrive after recipient has checked out, moved or has been discharged. If you choose to send to these locations, please call the location in advance to confirm the following information: 

  • What is the location's policy regarding accepting packages? Some locations do not accept packages or have delivery restrictions. If a package is rejected or misdelivered to the location, we will not replace or refund the gift. 
  • How are packages received at the location? Many locations have a central receiving department where packages are delivered. Due to privacy and security policies, they may not allow delivery to specific rooms. 

Incorrect Addresses / Reroutes 

Ensure that all gift recipient information is accurate when placing an order, including company name, apartment, floor, building, or suite numbers as applicable. Due to the perishable nature of our gifts, if the address is incorrect or incomplete, the order will not qualify for refund or replacement if the shipment is delayed, misdelivered, or returned. 

If your order requires an address change or correction, please contact us immediately. In cases where the gift is not yet assembled and shipped, we can update the order details. If the gift has already been tendered to the shipping carrier, we may be able to assist with an address update, which may incur rerouting fees and delivery delays. 

Signatures on Delivery 

While we do not require delivery signatures, our shipping carriers may require signatures for certain deliveries, e.g. apartments, hospitals, care facilities, or offices. 

Failed Delivery Attempts  

We are not able to refund or replace gifts due to failed deliveries caused by recipient unavailability, refusal of package, inaccurate or incomplete shipping information, building access issues, or security restrictions. Packages delivered to a shipping access point that are unclaimed or delayed in retrieval do not qualify for refund or replacement. 

Replacements and Refunds  

Due to the perishable nature of our products, all sales are final. If your order arrives damaged, is incomplete, or the product(s) delivered do not match your order, contact us within 24 hours of the order delivery (Email: customerservice@thefruitcompany.com; Phone: 1-800-387-3100). Be prepared to provide photos depicting the issue with the order. We will review the information provided and decide whether we will make a refund or replacement at our discretion.We will make no refunds or replacements due to buyer's remorse.

Intellectual Property 

All content on our site (text, images, logos) is owned by us or our licensors. You may not copy or use it without permission.

Limitation of Liability 

To the fullest extent allowed by law, we are not liable for indirect, incidental, or consequential damages arising from your use of our site or products. Our total liability is limited to the amount you paid for the order in question.

Governing Law 

These terms are governed by the laws of the State of Oregon, without regard to conflict of law principles. Any disputes will be resolved in courts located in Hood River, Oregon.

Changes to Terms 

We may update these terms and conditions at any time. Continued use of our site after changes means you accept all changes in their entirety.

Contact Us 

For questions, email customerservice@thefruitcompany.com or call 1-800-387-3100.

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