Terms Of Service

FRESHENOUGH TERMS OF SERVICE

Last updated: July 1, 2026

Welcome to FreshEnough. These Terms of Service govern your access to and use of FreshEnoughShop.com, including your use of the website, creation of an account, submission of information, communication with FreshEnough, and purchase, receipt, resale, or use of products sold by FreshEnough.

FreshEnoughShop.com is operated by FreshEnough Inc. doing business as FreshEnough. In these Terms, “FreshEnough,” “we,” “us,” and “our” refer to the website operator and seller.

By accessing or using FreshEnoughShop.com, creating an account, submitting information, placing an order, purchasing a product, or otherwise using our website or services, you agree to these Terms of Service and our Refund Policy, Shipping Policy, Privacy Policy, and any additional terms, notices, or disclosures posted on the website or included in a product listing.

These Terms and policies are available through FreshEnoughShop.com. You are responsible for reviewing them before placing an order.

If you do not agree to these Terms, do not use the website or place an order.

1. General Eligibility and Purchases by Minors

FreshEnough does not impose a general requirement that every customer be at least 18 years old.

However, you must have the legal capacity and authority necessary to use the website, submit payment information, and place an order.

If you are under the age of legal majority where you live, you may use the website and place an order only with the permission and supervision of a parent or legal guardian.

A parent or legal guardian who permits a minor to use the website or place an order agrees to:

Review these Terms with the minor.

Be responsible for the minor’s use of the website.

Be responsible for purchases made by the minor.

Ensure that the minor uses products safely and according to the manufacturer’s instructions.

Provide accurate payment, shipping, and contact information.

Supervise the use of supplements, personal-care products, food, beverages, and other products when appropriate.

Certain products may be subject to specific legal, manufacturer, carrier, or marketplace age restrictions. FreshEnough may refuse or cancel a transaction when age verification is legally required or when we reasonably believe the purchaser is not permitted to purchase or use the product.

2. About FreshEnough

FreshEnough sells discounted consumer products that may include:

Surplus merchandise

Overstock merchandise

Closeout merchandise

Discontinued products

Short-date products

Products past a manufacturer’s quality date

Packaging-change products

Products with cosmetic packaging damage

Products from liquidations, store closings, distributor closeouts, or other secondary-market sources

Other value-priced merchandise

Products may include food, beverages, coffee, tea, chocolate, candy, grocery products, dietary supplements, personal-care products, beauty products, household goods, toys, collectibles, and other consumer products.

FreshEnough is a discount and secondary-market retailer. Products may differ from products currently found in traditional retail stores because of package changes, discontinued designs, date information, lot variations, market destination, retailer markings, or cosmetic packaging conditions.

By placing an order, you acknowledge that you understand FreshEnough’s business model and that the products may have one or more of the conditions described in these Terms or the applicable product listing.

3. Product Listings and Customer Review

Customers are responsible for reviewing the complete product listing before placing an order.

A product listing may contain important information regarding:

Product identity

Quantity

Package count

Size or weight

Flavor or variety

Packaging language

Product condition

Best-by or other date information

Lot or production information

Cosmetic packaging damage

Assortment or package variations

Shipping limitations

Return limitations

Other relevant product details

By placing an order, you represent that you reviewed the information reasonably available in the product listing and selected the product based on that information.

Customers should contact FreshEnough before ordering if clarification is needed regarding a product’s identity, date, quantity, package, or condition.

4. Product Dates and Date Codes

FreshEnough may sell products displaying:

Best-by dates

“Best if used by” dates

Quality dates

Safety dates

Use-by dates

Sell-by dates on older products

Manufactured-on dates

Production dates

Lot codes

Julian codes

Coded dates

Other date-related information

A quality date generally relates to expected taste, texture, appearance, aroma, freshness, or manufacturer-recommended quality. Unless prohibited by applicable law, FreshEnough may offer a product for sale after a quality date has passed.

A safety date may indicate a date by which a product should be consumed, used, or frozen for safety reasons. Customers should not consume or use a product after a true safety date.

FreshEnough does not knowingly remove, conceal, alter, or misrepresent manufacturer date information for an improper purpose.

FreshEnough may reproduce date information in a product listing for customer convenience. The date physically printed on the product or manufacturer packaging controls if it differs from an accidental website transcription.

Customers are responsible for examining the product’s physical date, label, packaging, ingredients, warnings, and condition before consuming or using it.

5. California Date-Labeling Requirements

For food manufactured on or after July 1, 2026, FreshEnough intends to comply with applicable California date-labeling requirements when FreshEnough is legally responsible for selecting or applying the date label.

Products manufactured before July 1, 2026, may display older manufacturer terminology or legacy date formats.

FreshEnough may sell food after a quality date has passed where that sale is permitted by law. FreshEnough will not knowingly sell a product after a safety date when the sale or consumption of that product would be prohibited by law or present a known unreasonable safety risk.

Nothing in these Terms authorizes the sale of adulterated, contaminated, recalled, unlawfully misbranded, or otherwise unlawful products.

6. Product Condition and Packaging

Products may have one or more of the following conditions:

Dents

Scratches

Fading

Scuffs

Label residue

Clearance stickers

Retailer markings

Crushed corners

Torn exterior cardboard

Discontinued packaging

Foreign-language or bilingual packaging

Package-design differences

Lot variations

Cosmetic discoloration

Minor leakage residue that has not compromised the sealed product

Other cosmetic packaging differences

Cosmetic packaging damage does not necessarily mean that the product inside is damaged, unsafe, or unusable.

Unless the listing states otherwise, FreshEnough intends to ship products that are unopened, sealed where applicable, and reasonably suitable for their intended ordinary use at the time they are tendered for shipment.

Packaging condition may vary among units in the same order.

7. Inspection After Delivery

Customers must inspect products promptly after delivery and before consuming, opening, administering, applying, reselling, or giving the product to another person.

Do not consume or use a product if:

A safety seal is missing or broken.

The package is open, punctured, leaking, swollen, or severely damaged.

There are signs of tampering.

There is visible mold or contamination.

The product has an unusual odor that reasonably indicates spoilage.

The product is subject to an applicable recall.

The product has passed a genuine safety date.

The product’s condition creates a reasonable health or safety concern.

The manufacturer’s instructions state that the product should not be used.

The product received is materially different from what was ordered and the difference may affect safe use.

Contact FreshEnough promptly if a product arrives in one of these conditions.

Customers must preserve the product, shipping box, packing materials, labels, lot numbers, date codes, and photographs until FreshEnough completes its review.

Failure to preserve requested evidence may prevent FreshEnough or the carrier from investigating the claim.

8. Food and Beverage Products

Food and beverage products may be affected by:

Heat

Cold

Humidity

Moisture

Freezing

Transit time

Carrier delays

Storage conditions

Air exposure

Package damage

Customer handling after delivery

FreshEnough packages food and beverage orders with reasonable care. Unless expressly agreed otherwise in writing, shipments are not transported using refrigerated, frozen, or temperature-controlled delivery services.

FreshEnough does not guarantee that a food or beverage product will maintain a particular temperature during shipment.

Customers are responsible for reading and following the manufacturer’s storage, preparation, handling, and consumption instructions.

9. Chocolate, Candy, and Heat-Sensitive Products

Chocolate, candy, gummies, coated snacks, protein products, beverages, syrups, and other products may be sensitive to temperature even when a product listing does not contain a separate heat-sensitive warning.

The absence of a separate melting warning or heat-sensitive designation does not represent or guarantee that a product is unaffected by heat.

Heat-sensitive products may:

Melt

Soften

SeparateBloom

Discolor

Leak

Become misshapen

Develop cosmetic marks

Experience texture changes

Experience consistency changes

By ordering food, chocolate, candy, gummies, coated products, or other potentially heat-sensitive merchandise, customers acknowledge the ordinary risks of shipping these products through standard parcel-delivery networks.

FreshEnough does not guarantee that a product will maintain its original shape, appearance, texture, consistency, or temperature during transit.

Melting, softening, separation, blooming, discoloration, deformation, or another cosmetic or texture-related change caused by ordinary temperatures, carrier delays, transit conditions, failure to retrieve a package, or improper storage will not automatically qualify the product for a refund, replacement, return, or store credit.

FreshEnough may, but is not required to, use insulated materials, protective packaging, cooling materials, expedited shipping, or other precautions. Use of those precautions does not create a guarantee that the product will remain below a particular temperature or arrive without cosmetic changes.

Customers are responsible for:

Considering weather conditions before ordering.

Providing a secure and accessible delivery location.

Monitoring tracking information.

Retrieving packages promptly.

Opening and inspecting the shipment promptly.

Following applicable refrigeration or storage instructions.

Not consuming a product whose seal or safety has been compromised.

Nothing in this section eliminates customer rights or FreshEnough obligations that cannot legally be waived.

10. Allergies, Cross-Contact, and Ingredients

Customers are responsible for reviewing the complete physical manufacturer label before using or consuming a product.

Products may contain or have been manufactured, packaged, stored, or handled in facilities that process common allergens.

FreshEnough does not independently test products for:

Allergens

Cross-contact

Gluten

Nuts

Dairy

Soy

Eggs

Fish

Shellfish

Sesame

Religious certification

Vegan or vegetarian suitability

Medical-diet compatibility

Ingredient purity

Compatibility with a specific person’s allergies or sensitivities

Website photographs or abbreviated descriptions should not be used as the sole source of allergen, ingredient, nutritional, or medical information.

Manufacturer formulations and ingredients may change without advance notice. The physical label on the product received should be reviewed before use.

FreshEnough is not responsible for an allergic reaction or sensitivity resulting from a customer’s failure to review or follow an accurate manufacturer label, except where responsibility cannot legally be excluded.

11. Dietary Supplements and Health-Related Products

Information provided through FreshEnoughShop.com is intended for general product-identification and informational purposes only.

FreshEnough does not provide medical, pharmaceutical, dietary, nutritional, or healthcare advice.

FreshEnough does not diagnose, treat, cure, or prevent any disease or medical condition.

Before using a dietary supplement or health-related product, customers should:

Read the complete manufacturer label.

Review the ingredients.

Review all warnings.

Follow the stated dosage and directions.

Confirm the product is appropriate for the intended user.

Consult a qualified healthcare professional when appropriate.

Professional advice is particularly important when the intended user:

Is pregnant or nursing.

Has an allergy.

Takes prescription or nonprescription medication.

Has a medical condition.

Is under medical care.

Is a child.

Is an older adult.

Is considering combining multiple supplements.

Discontinue use and seek appropriate medical assistance if an adverse reaction occurs.

FreshEnough is an independent retailer and does not independently manufacture, formulate, test, certify, or approve third-party supplements unless a listing expressly states otherwise.

12. Personal-Care, Cosmetic, and Beauty Products

Packaging, ingredients, scent, color, texture, appearance, and formulation may vary between manufacturer batches.

Customers must follow the manufacturer’s instructions, warnings, and recommended use.

Consider performing a patch test where appropriate.

Discontinue use if irritation, discomfort, swelling, rash, allergic reaction, or another adverse response occurs.

FreshEnough does not independently manufacture, formulate, test, or certify third-party personal-care or cosmetic products unless a listing expressly states otherwise.

13. Individual Reactions and Product Suitability

Individual reactions to food, beverages, supplements, cosmetics, household products, and personal-care products can vary.

FreshEnough does not guarantee that a product will:

Be suitable for every customer.

Meet a particular dietary preference.

Be compatible with every medical condition.

Produce a particular result.

Be free from every possible allergen or sensitivity concern.

Be appropriate for a particular person’s intended use.

Customers are responsible for reviewing labels, evaluating personal circumstances, following instructions, storing products properly, and deciding whether a product is suitable for the intended user.

Nothing in these Terms releases FreshEnough from responsibility for fraud, willful misconduct, gross negligence, unlawful conduct, or any other liability that cannot legally be waived.

14. Storage and Handling After Delivery

Customers are responsible for proper storage and handling after delivery.

FreshEnough is not responsible for deterioration, contamination, spoilage, melting, loss of quality, or other damage caused after delivery by:

Improper storage

Failure to refrigerate or freeze a product

Heat, moisture, freezing, or direct sunlight

Leaving a package outside

Failure to retrieve a delivered package promptly

Opening or damaging the packaging

Cross-contamination

Transferring a product into another container

Failure to follow manufacturer instructions

Use after a safety date

Use after a recall or safety warning

Resale under improper conditions

Customer modification or repackaging

15. Product Recalls and Safety Notices

FreshEnough may cancel orders, stop selling a product, contact customers, issue instructions, request disposal or return, or provide a refund or replacement when a product is subject to:

A manufacturer recall

A government recall

A safety warning

A regulatory action

A contamination concern

An authenticity concern

Another material health or safety issue

Customers agree not to use, consume, distribute, donate, or resell a product after receiving notice that it is recalled or may present a safety concern.

Customers should maintain current contact information so FreshEnough can communicate relevant recall or safety notices.

FreshEnough may provide customer and order information to a manufacturer, supplier, carrier, insurer, regulator, or government agency when reasonably necessary to administer a recall, investigate a safety issue, or comply with law.

16. Product Information and Website Accuracy

FreshEnough makes reasonable efforts to provide accurate product information. However, website content may occasionally contain errors, omissions, outdated information, or technical mistakes.

FreshEnough does not guarantee that every:

Description

Photograph

Package design

Date

Ingredient

Quantity

Weight

Flavor

Size

Price

Availability statement

Retail-price comparison

Savings statement

Compatibility statement

Other website detail

will always be complete, current, or error-free.

Manufacturers may change packaging, ingredients, labels, formulas, dimensions, product designs, manufacturing locations, or countries of origin without notice.

The physical manufacturer label controls over an accidental inconsistency in an abbreviated website description when the difference concerns ingredients, warnings, directions, or other product information.

If FreshEnough discovers a material error, we may correct the listing, contact the customer, cancel the affected item, refund the affected item, cancel the order, or offer another appropriate resolution.

17. Product Images and Packaging Variations

Product images may be representative of the product being offered.

The packaging received may differ from the packaging shown because of:

Manufacturer package changes

Different production lots

Regional packaging

Bilingual or foreign-language packaging

Promotional packaging

Discontinued packaging

Retailer-specific packaging

New or older label designs

A package variation does not automatically mean the product is counterfeit, incorrect, defective, or materially different.

FreshEnough will not knowingly substitute a materially different product without permission unless the listing clearly states that assorted packaging, flavors, colors, or varieties may be supplied.

18. Authenticity and Product Sourcing

FreshEnough intends to sell genuine products.

FreshEnough may obtain merchandise from manufacturers, distributors, wholesalers, retailers, liquidators, closeout sellers, auctions, secondary-market suppliers, or other lawful sources.

Products purchased through secondary-market channels may not include a manufacturer’s original retail receipt, authorized-dealer warranty, or manufacturer support.

FreshEnough does not guarantee that a manufacturer will honor a warranty for a secondary-market purchase.

FreshEnough may cancel an order, suspend a listing, request supplier records, or cooperate with a rights holder if a reasonable authenticity concern arises.

Nothing in these Terms authorizes the sale of counterfeit products.

19. Inventory and Availability

Inventory is limited and subject to:

Prior sale

Damage

Miscounts

Listing errors

Product recalls

Supplier cancellations

Shipping restrictions

Compliance review

Other availability issues

Adding an item to a cart does not reserve it.

Receiving an order confirmation does not guarantee final acceptance or shipment.

FreshEnough may cancel and refund an unavailable product or the entire affected order.

20. Order Acceptance

All orders are offers to purchase and are subject to FreshEnough’s acceptance.

FreshEnough may accept, reject, limit, cancel, or refund an order for reasons including:

Pricing errors

Listing errors

Inventory errors

Product recalls

Payment problems

Suspected fraud

Unauthorized payment use

Abuse of discounts or refunds

Chargeback history

Shipping restrictions

Incorrect customer information

Unusual resale or bulk-order activity

Technical errors

Legal or regulatory concerns

Supplier restrictions

Safety or authenticity concerns

FreshEnough’s receipt of payment or transmission of an automated confirmation does not prevent FreshEnough from canceling and refunding an order before shipment.

21. Pricing and Typographical Errors

Prices, discounts, quantities, and availability may change without notice before an order is accepted.

FreshEnough is not obligated to honor an obvious pricing, quantity, shipping, coupon, or listing error.

If the correct price is higher than the displayed price, FreshEnough may contact the customer for instructions or cancel and refund the affected item.

FreshEnough may correct typographical, technical, or system errors at any time.

22. Payment Authorization

By submitting payment information, you represent that:

The information is accurate.

You are authorized to use the payment method.

You authorize FreshEnough and its payment providers to process the transaction.

You authorize any applicable tax, shipping, adjustment, or approved additional charge disclosed during checkout.

The transaction is not fraudulent or unlawful.

FreshEnough may use third-party fraud-prevention and payment-verification services.

Orders may be delayed, canceled, or reviewed when payment cannot be verified.

23. Fraud Prevention and Identity Verification

FreshEnough may request additional information to verify an order, including:

Identity confirmation

Billing-address confirmation

Delivery-address confirmation

Payment authorization

Telephone or email verification

Signature confirmation

Documentation reasonably related to suspected fraud

FreshEnough may refuse or cancel an order if requested verification is not provided or if the transaction presents a reasonable fraud or security concern.

24. Taxes

Customers are responsible for sales, use, excise, import, customs, and other taxes or governmental charges associated with an order, except taxes imposed directly on FreshEnough’s income.

FreshEnough will collect taxes where required.

Customers purchasing for resale are responsible for providing valid and accurate resale documentation and for complying with all applicable tax obligations.

25. Discounts, Promotions, Loyalty Rewards, and Free Shipping

Discounts, coupons, promotional offers, loyalty rewards, store credits, and free-shipping offers may be limited, modified, suspended, or discontinued.

Unless a promotion expressly states otherwise:

Promotions cannot be combined.

Coupons are limited to one use per customer.

Discounts have no cash value.

Promotions cannot be applied retroactively.

Free-shipping thresholds are calculated after discounts and before taxes.

Returns may reduce or eliminate a promotional discount or free-shipping qualification.

Store credits are not redeemable for cash except where required by law.

Suspected abuse may result in cancellation or account restrictions.

Specific terms displayed with a promotion control if they conflict with this general section.

26. Quantity Limits and Resale Purchases

FreshEnough may limit quantities per:

Customer

Household

Account

Address

Payment method

Device

Order

Product

Promotion

FreshEnough may cancel orders that appear intended to avoid quantity limits.

Unless otherwise agreed in writing, purchases through FreshEnoughShop.com are retail transactions.

Customers who purchase products for resale are independently responsible for:

Applicable licenses

Taxes

Marketplace requirements

Product restrictions

Labeling requirements

Storage requirements

Recall compliance

Advertising claims

Intellectual-property compliance

Consumer disclosures

Product-condition disclosures

FreshEnough does not guarantee that a product may be resold on Amazon, Walmart, eBay, TikTok Shop, or another marketplace.

Wholesale transactions may be subject to separate written terms.

27. Shipping Methods and Estimated Delivery

Processing and delivery times are estimates and are not guarantees.

Delays may result from:

Carrier disruptions

Weather

Fires

Floods

Earthquakes

Extreme temperatures

Natural disasters

Holidays

Labor disruptions

Government actions

Security inspections

Incorrect addresses

Building-access problems

High order volume

Supplier delays

Events outside FreshEnough’s reasonable control

FreshEnough may select or change the shipping carrier or service level when reasonably necessary, provided the selected service is generally appropriate for the order.

Tracking information may take time to update after the carrier receives the package.

28. Shipping Addresses

Customers must provide a complete, accurate, and deliverable shipping address.

FreshEnough is not responsible for delivery problems caused by:

Incorrect addresses

Incomplete addresses

Missing apartment, suite, unit, building, or gate information

Outdated addresses

Failure to provide access instructions

Refusal of delivery

Failure to retrieve a package

Customer instructions given directly to a carrier

Customer-requested forwarding or redirection

Locations where the carrier cannot safely deliver

Address changes are not guaranteed after an order is placed.

If a package is returned because of an address problem, refusal, or failure to retrieve it, FreshEnough may deduct original shipping, return shipping, carrier fees, and reasonable handling costs from any refund to the extent permitted by law and the Refund Policy.

29. Transfer to the Carrier and Risk of Loss

FreshEnough packages orders with reasonable care and tenders them to independent shipping carriers.

Once a carrier accepts a shipment, the carrier controls transportation, routing, scanning, handling, storage, and delivery.

To the fullest extent permitted by applicable law and subject to any contrary rights that cannot be waived, title and risk of loss pass to the customer when FreshEnough properly tenders the package to the carrier.

FreshEnough is not responsible for independent carrier acts or omissions outside FreshEnough’s reasonable control, including:

Delays

Missed scans

Rough handling

Routing errors

Weather exposure

Temperature exposure

Failed delivery attempts

Incorrect carrier delivery

Carrier loss

Carrier theft

Unauthorized redirection

FreshEnough may assist with a carrier claim or provide a remedy when required by law, the Refund Policy, the Shipping Policy, or FreshEnough’s written approval.

Nothing in this section eliminates obligations that cannot legally be transferred or waived.

30. Delivered, Missing, or Stolen Packages

Carrier tracking showing delivery is evidence that a package was delivered to the location recorded by the carrier.

Customers should promptly check:

Mailrooms

Parcel lockers

Front entrances

Side or rear entrances

Building offices

Household members

Neighbors

Property managers

Carrier photographs

Local carrier facilities

FreshEnough may require the customer to cooperate with a carrier investigation and may request:

A signed statement

Identity verification

Confirmation of the shipping address

A police report when theft is reasonably suspected

Carrier-claim documents

Other reasonable supporting information

A carrier delivery scan does not eliminate rights that cannot legally be waived, but FreshEnough may rely on tracking, delivery photographs, signatures, GPS records, customer communications, and carrier findings when evaluating a claim.

31. Damaged Shipments

Customers must report damaged, leaking, crushed, opened, contaminated, or otherwise affected shipments within the timeframe stated in the Refund Policy.

FreshEnough may request:

Photographs of the shipping box

Photographs of the shipping label

Photographs of all sides of the package

Photographs of the product

Images of damage or leakage

Date codes

Lot numbers

Product labels

Packing materials

A written description

Return of the product

Cooperation with a carrier inspection

Do not discard products or packaging until FreshEnough confirms that disposal is permitted.

Failure to provide reasonably requested documentation may prevent approval of a carrier claim, refund, replacement, or store credit.

32. Returns, Refunds, Replacements, and Store Credit

Returns, refunds, replacements, partial refunds, and store credits are governed by the Refund Policy posted on FreshEnoughShop.com.

Customers must contact FreshEnough within the applicable policy timeframe.

Unless required by law, a refund, return, replacement, or store credit is not guaranteed and must be approved under the Refund Policy.

FreshEnough may choose an appropriate resolution based on:

Product condition

Evidence provided

Product value

Shipping cost

Availability

Safety considerations

Carrier findings

Customer history

Applicable law

Refunds are generally issued to the original payment method unless another method is required by law or agreed in writing.

Original and return shipping charges may be nonrefundable where permitted by law and the Refund Policy.

33. Perishable and Consumable Products

For health, safety, and contamination-control reasons, opened food, beverages, supplements, cosmetics, personal-care products, and other consumable or perishable products may not be eligible for return unless:

FreshEnough shipped the wrong product.

The product arrived materially damaged.

The product was defective when delivered.

A return or refund is required by law.

FreshEnough approves another resolution.

FreshEnough may require photographs or disposal rather than physical return when returning a food or health-related product would be unsafe or impractical.

34. Chargebacks and Payment Disputes

Customers should contact FreshEnough at help@freshenoughshop.com before initiating a chargeback or payment dispute so we have an opportunity to investigate and resolve the matter.

When a chargeback or payment dispute is submitted, FreshEnough may provide the payment provider with:

Order information

Account information

Billing information

Shipping information

Tracking records

Delivery confirmation

Delivery photographs

Customer communications

Refund records

Product-listing information

Website policies in effect at the time of purchase

Fraud-screening results

Other relevant records

FreshEnough may pause, cancel, or refuse future orders associated with unresolved disputes, suspected fraud, abusive chargeback activity, or unpaid balances.

Nothing in this section prevents customers from exercising rights available under applicable law or payment-provider rules.

35. Customer Accounts

Customers are responsible for maintaining the confidentiality of their usernames, passwords, and account information.

Customers are responsible for activity occurring through their accounts unless the activity resulted from FreshEnough’s failure to use legally required security measures.

Notify FreshEnough promptly if you suspect unauthorized account access.

FreshEnough may suspend or terminate an account to investigate fraud, security concerns, policy violations, chargebacks, or unlawful activity.

36. Prohibited Uses

You may not:

Use the website for an unlawful purpose.

Provide false, misleading, or fraudulent information.

Use another person’s payment information without permission.

Attempt unauthorized access to FreshEnough systems.

Interfere with website security or performance.

Introduce malware, malicious code, or automated attacks.

Scrape, harvest, or copy website content without permission.

Abuse refunds, promotions, loyalty rewards, or chargebacks.

Circumvent quantity or account restrictions.

Use automated purchasing tools without authorization.

Impersonate FreshEnough or another person.

Use the website in a way that infringes intellectual-property rights.

Resell products unlawfully.

Alter, relabel, repackage, or distribute products in a deceptive or unsafe manner.

FreshEnough may restrict website access, cancel orders, preserve evidence, cooperate with authorities, or pursue available remedies when these rules are violated.

37. Reviews and User-Submitted Content

FreshEnough may permit users to submit reviews, photographs, videos, comments, testimonials, questions, messages, or other content.

By submitting content, you represent that:

You created it or have permission to submit it.

It is based on your genuine experience where represented as a review.

It does not infringe copyright, trademark, privacy, publicity, contract, or other rights.

It is not fraudulent, defamatory, threatening, obscene, malicious, or unlawful.

It does not contain private information belonging to another person.

People appearing in photographs or videos have consented where consent is required.

It does not contain malware or harmful code.

You retain ownership rights you have in submitted content.

By submitting content, you grant FreshEnough a nonexclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, display, distribute, format, adapt, publish, translate, and use the content in connection with the website, customer service, advertising, social media, and FreshEnough marketing.

FreshEnough may refuse, remove, preserve, or disable content that violates these Terms, infringes rights, creates safety concerns, or is otherwise inappropriate.

FreshEnough will not remove or penalize a truthful review solely because it expresses an unfavorable opinion.

38. Third-Party Brands and Trademarks

Third-party trademarks, brand names, trade names, logos, package designs, and product identifiers belong to their respective owners.

FreshEnough uses third-party brand names and product identifiers as reasonably necessary to identify, describe, advertise, and offer products that FreshEnough believes to be genuine.

Unless expressly stated in writing, FreshEnough is an independent reseller and is not:

Affiliated with a third-party brand

39. Copyrighted Product Materials

Product photographs, package artwork, labels, descriptions, logos, and manufacturer materials may be protected by copyright or other laws.

FreshEnough may use:

Original FreshEnough photographs

Product photographs supplied with permission

Manufacturer or supplier materials used with permission

Photographs showing the physical product offered for sale

Other materials FreshEnough reasonably believes it may lawfully use

FreshEnough does not claim ownership of third-party copyrighted material.

A disclaimer does not create permission to use protected material. FreshEnough may remove, replace, or modify content if a legitimate rights concern is identified.

40. Intellectual-Property Complaints

A copyright owner, trademark owner, brand owner, or authorized representative who believes content on FreshEnoughShop.com violates their rights may submit a written complaint to:

FreshEnough
Operated by: FreshEnough Inc.
Email: help@freshenoughshop.com

The complaint should include:

The complaining party’s name, company, address, telephone number, and email address.

Proof of ownership or authorization to act for the owner.

dentification of the copyrighted work, trademark, registration, product, or other asserted right.

The exact FreshEnoughShop.com address for each disputed listing, image, or page.

A clear description of the alleged violation.

Identification of the content the complaining party requests FreshEnough to remove or change.

A statement that the complaint is submitted in good faith.

A statement that the information is accurate.

A physical or electronic signature.

FreshEnough may:

Investigate the complaint.

Request additional information.

Preserve relevant records.

Remove or disable content.

Modify a product listing.

Suspend sales.

Contact a supplier.

Contact the complaining party.

Submit a response or counter-position.

Take another action FreshEnough considers appropriate.

Receipt, investigation, removal, or modification of content does not constitute an admission of infringement, liability, wrongdoing, lack of authenticity, or lack of authority.

FreshEnough reserves all defenses, exceptions, rights, limitations, and remedies available under copyright, trademark, unfair-competition, and resale laws.

41. Copyright and DMCA Policy

FreshEnough respects the copyrights of others.

A copyright owner or authorized representative who believes that user-submitted material hosted through FreshEnoughShop.com infringes a copyrighted work may submit a notice to FreshEnough’s registered designated copyright agent.

Designated Copyright Agent

Legal service-provider name: FreshEnough Inc.
Alternate names: FreshEnough, FreshEnoughShop.com
Agent email: help@freshenoughshop.com

A copyright-infringement notice should include substantially the following:

A physical or electronic signature of the copyright owner or person authorized to act for the owner.

Identification of the copyrighted work claimed to have been infringed or a representative list when multiple works are involved.

Identification of the allegedly infringing material and information reasonably sufficient for FreshEnough to locate it, including the specific website address.

The complaining party’s mailing address, telephone number, and email address.

A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act for the copyright owner.

FreshEnough may request additional information when a notice is incomplete.

After receiving a sufficiently complete notice, FreshEnough may act expeditiously to remove or disable access to the disputed user-submitted material and notify the person who submitted it.

Counter-Notification

A person who believes material was removed or disabled because of mistake or misidentification may submit a counter-notification containing:

The person’s physical or electronic signature.

Identification of the material removed or disabled and its previous location.

A statement under penalty of perjury that the person has a good-faith belief that removal or disabling resulted from mistake or misidentification.

The person’s name, address, and telephone number.

A statement consenting to the jurisdiction of the appropriate United States federal district court.

A statement agreeing to accept service of process from the person who submitted the original notice or that person’s agent.

FreshEnough may provide the counter-notification to the original complaining party.

When permitted by law, FreshEnough may restore the material unless the original complaining party timely notifies FreshEnough that it has filed a court action seeking to restrain the disputed activity.

Repeat-Infringer Policy

FreshEnough may restrict or terminate accounts belonging to users who repeatedly infringe copyrights or other intellectual-property rights.

FreshEnough may consider valid notices, counter-notifications, retractions, court orders, account history, and the seriousness of the conduct when applying this policy.

FreshEnough may remove content or terminate an account following one serious incident where appropriate.

FreshEnough does not knowingly interfere with qualifying standard technical measures used by copyright owners to identify or protect copyrighted works.

Limitations of the DMCA Policy

This DMCA process is primarily intended for qualifying content stored or submitted at the direction of website users, such as customer-uploaded reviews, photographs, or videos.

It does not guarantee protection for content that FreshEnough, its owners, employees, contractors, or representatives personally select, create, copy, or upload.

Nothing in this policy guarantees that FreshEnough qualifies for a statutory safe harbor or constitutes an admission that material is infringing.

42. FreshEnough Intellectual Property

FreshEnough’s original materials may include:

The FreshEnough name and logo

Website design

Original product photographs

Videos

Graphics

43. Third-Party Services and Links

FreshEnoughShop.com may use or link to third-party services, including:

Payment processors

Shipping carriers

Review providers

Social-media platforms

Advertising providers

Analytics providers

Fraud-prevention providers

External websites

FreshEnough does not control and is not responsible for the independent content, security, availability, conduct, or privacy practices of third parties.

Use of a third-party service may be governed by that provider’s separate terms and policies.

A link does not necessarily represent FreshEnough’s endorsement of the linked party.

44. Privacy

FreshEnough’s collection, use, retention, and disclosure of personal information are governed by the Privacy Policy and applicable law.

Customers are responsible for reviewing the Privacy Policy.

FreshEnough may preserve and use transaction records, communications, website records, and other information to:

Process orders

Provide customer service

Prevent fraud

Respond to chargebacks

Enforce these Terms

Administer recalls

Protect legal rights

Comply with law

45. Electronic Communications

By using the website or providing an email address or telephone number, you consent to receive transactional communications concerning:

Accounts

Orders

Payments

Fraud verification

Shipping

Delivery

Refunds

Returns

Recalls

Security

Customer-service requests

Marketing messages are subject to applicable consent and opt-out requirements.

Electronic records, notices, and communications satisfy written-notice requirements to the extent permitted by law.

46. Website Availability

FreshEnough does not guarantee that the website will always be uninterrupted, secure, accurate, or available.

The website may be temporarily unavailable because of:

Maintenance

Technical failures

Cybersecurity events

Provider outages

Software errors

Internet disruptions

Events outside FreshEnough’s control

FreshEnough may modify, suspend, or discontinue any website feature without notice, subject to obligations relating to existing accepted orders.

47. No Medical or Professional Advice

FRESHENOUGH DOES NOT PROVIDE MEDICAL, DIETARY, NUTRITIONAL, PHARMACEUTICAL, LEGAL, SAFETY, OR OTHER PROFESSIONAL ADVICE.

PRODUCT INFORMATION IS PROVIDED FOR CONVENIENCE AND IDENTIFICATION.

ALWAYS READ AND FOLLOW THE PHYSICAL MANUFACTURER LABEL, INGREDIENTS, WARNINGS, DIRECTIONS, DOSAGE, STORAGE INSTRUCTIONS, AND SAFETY INFORMATION.

48. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PRODUCTS, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, FRESHENOUGH DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF:

MERCHANTABILITY

FITNESS FOR A PARTICULAR PURPOSE

NON-INFRINGEMENT

TITLE

ACCURACY

QUALITY

AVAILABILITY

UNINTERRUPTED OPERATION

FRESHENOUGH DOES NOT PROVIDE A SEPARATE WRITTEN PRODUCT WARRANTY UNLESS A SPECIFIC WRITTEN WARRANTY IS EXPRESSLY PROVIDED WITH THE PRODUCT OR LISTING.

NO ORAL OR WRITTEN STATEMENT CREATES A FRESHENOUGH WARRANTY UNLESS IT IS EXPRESSLY IDENTIFIED AS A WARRANTY AND AUTHORIZED BY FRESHENOUGH.

MANUFACTURER WARRANTIES, IF ANY, ARE PROVIDED BY THE MANUFACTURER AND ARE SUBJECT TO THE MANUFACTURER’S TERMS. FRESHENOUGH DOES NOT GUARANTEE THAT A MANUFACTURER WILL HONOR A WARRANTY FOR A SECONDARY-MARKET PRODUCT.

SOME STATES DO NOT PERMIT CERTAIN WARRANTY EXCLUSIONS. THESE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO THE CUSTOMER.

NOTHING IN THESE TERMS DISCLAIMS A WARRANTY OR CONSUMER RIGHT THAT CANNOT LEGALLY BE DISCLAIMED.

49. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRESHENOUGH AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO:

USE OF OR INABILITY TO USE THE WEBSITE

PURCHASE OR USE OF A PRODUCT

LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR OPPORTUNITY

CARRIER DELAYS OR DELIVERY INTERRUPTIONS

CUSTOMER STORAGE OR HANDLING

PRODUCT RESALE

THIRD-PARTY SERVICES

UNAUTHORIZED ACCOUNT ACCESS OUTSIDE FRESHENOUGH’S REASONABLE CONTROL

COSMETIC PACKAGING DAMAGE

MELTING OR TEMPERATURE-RELATED COSMETIC CHANGES

CUSTOMER FAILURE TO REVIEW OR FOLLOW A PRODUCT LABEL

MISUSE, MODIFICATION, OR REPACKAGING OF A PRODUCT

TO THE FULLEST EXTENT PERMITTED BY LAW, FRESHENOUGH’S TOTAL LIABILITY ARISING FROM A PARTICULAR PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT THE CUSTOMER PAID TO FRESHENOUGH FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF FRESHENOUGH WAS ADVISED THAT DAMAGES WERE POSSIBLE.

NOTHING IN THESE TERMS LIMITS LIABILITY FOR:

FRAUD

WILLFUL MISCONDUCT

GROSS NEGLIGENCE

A VIOLATION OF LAW

PERSONAL INJURY OR PROPERTY DAMAGE WHERE LIABILITY CANNOT LEGALLY BE LIMITED

THE SALE OF A PRODUCT THAT FRESHENOUGH KNEW WAS COUNTERFEIT, ADULTERATED, CONTAMINATED, OR UNLAWFUL

ANY OTHER LIABILITY THAT CANNOT LEGALLY BE WAIVED OR LIMITED

50. Customer Assumption of Ordinary Risks

Customers accept ordinary and reasonably foreseeable risks associated with:

Purchasing discounted or secondary-market merchandise

Purchasing products after a disclosed quality date

Cosmetic packaging variations

Standard parcel shipping

Temperature exposure

Carrier delays

Product melting or softening

Customer allergies or sensitivities disclosed on an accurate product label

Failure to retrieve packages promptly

Improper storage after delivery

Product use contrary to manufacturer instructions

This section does not require customers to assume risks created by FreshEnough’s fraud, unlawful conduct, gross negligence, or other liability that cannot legally be waived.

51. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless FreshEnough and its owners, officers, employees, contractors, and service providers from third-party claims, losses, liabilities, costs, and reasonable legal expenses arising from:

Your unlawful use of the website.

Your fraudulent activity.

Your material violation of these Terms.

Your infringement of another person’s rights.

Your unlawful resale or distribution of products.

Your alteration, relabeling, repackaging, or misuse of products.

Your false or misleading advertising of resold products.

Your failure to follow recall notices.

Content you submit through the website.

Your use of another person’s payment information without authorization.

This obligation does not apply to claims caused solely by FreshEnough’s conduct where indemnification is prohibited by law.

52. Force Majeure

FreshEnough will not be responsible for delay or failure to perform caused by events outside its reasonable control, including:

Natural disasters

Fire

Flood

Earthquake

Extreme temperatures

Severe weather

Carrier interruptions

Labor disputes

Government actions

Public-health emergencies

Cyberattacks

Utility failures

Internet failures

Transportation interruptions

Supplier failures

Civil unrest

War or terrorism

Other force-majeure events

FreshEnough may delay shipment, cancel affected items, issue refunds, or take another reasonable action.

This section does not eliminate remedies required by applicable law.

53. Informal Dispute Resolution

Before filing a lawsuit relating to an order, the customer and FreshEnough agree to make a good-faith effort to resolve the dispute informally.

A written dispute notice should include:

The customer’s name.

Contact information.

The order number.

A description of the dispute.

Supporting documents.

The requested resolution.

Send the notice to:

Email: help@freshenoughshop.com

The parties will have 30 days after receipt of a complete notice to attempt resolution.

This requirement does not apply where prohibited by law, to eligible small-claims matters, or where immediate emergency or injunctive relief is reasonably necessary.

54. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Nothing in this section eliminates nonwaivable consumer rights provided by the law of the customer’s state or country.

55. Venue

Subject to applicable consumer-protection, small-claims, and jurisdictional laws, legal proceedings relating to these Terms, the website, or an order shall be brought in a court of competent jurisdiction located in Los Angeles County, California.

A customer may bring an eligible case in small-claims court where permitted by applicable law.

56. No Third-Party Beneficiaries

These Terms are for the benefit of FreshEnough and the customer.

Except for FreshEnough’s owners, officers, employees, contractors, service providers, suppliers, and partners where expressly protected by these Terms, no other person is intended to receive enforceable rights under these Terms.

57. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted or modified or removed as necessary.

The remaining provisions will continue in effect.

58. No Waiver

FreshEnough’s failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only if it is in writing and authorized by FreshEnough.

59. Assignment

Customers may not assign or transfer their rights or obligations under these Terms without FreshEnough’s prior written permission.

FreshEnough may assign these Terms in connection with:

A merger

An acquisition

A sale of assets

A financing

A reorganization

A transfer of the website

A sale of the business

Any assignment will remain subject to applicable law.

60. Survival

Provisions that by their nature should continue after termination or completion of an order will survive, including provisions concerning:

Payment obligations

Intellectual property

User content

Warranty disclaimers

Liability limitations

Indemnification

Disputes

Governing law

Record retention

61. Entire Agreement and Order of Priority

These Terms, together with the Refund Policy, Shipping Policy, Privacy Policy, product listing, checkout disclosures, and any specific written agreement applicable to an order, constitute the agreement between FreshEnough and the customer regarding the transaction.

If documents conflict, the following order generally controls:

A specific written agreement signed or expressly approved by FreshEnough.

A specific product disclosure or promotional term.

The Refund Policy or Shipping Policy for matters directly covered by those policies.

These Terms of Service.

General website content.

This order does not apply where law requires a different result.

62. Changes to These Terms

FreshEnough may update these Terms from time to time.

Updated Terms apply to website use and orders placed after the updated Terms are posted unless applicable law requires otherwise.

Material changes do not retroactively change completed transactions where retroactive application would be unlawful.

The “Last updated” date identifies the latest revision.

63. Headings

Headings are provided for convenience only and do not limit or change the meaning of these Terms.

64. Contact Information

For customer support, order issues, legal notices, intellectual-property complaints, or questions regarding these Terms, contact:

FreshEnough
Email: help@freshenoughshop.com
Website: FreshEnoughShop.com

Country/region