CUSTOMER AGREEMENT

FreshDirect Satisfaction Guarantee

We stand behind the quality of our products and services. That’s why all purchases made through FreshDirect are backed by our 100% Satisfaction Guarantee.

If you are not satisfied with a product or experience, please contact us promptly by:

• • Logging into your account and submitting a message through the “Contact Us” section of the Platform, or
• • Sending an email to service@freshdirect.com.

To be eligible for a refund, credit, or replacement:

• • Perishable or grocery items: Notify us within seven (7) days of delivery or before the product’s expiration date, whichever comes first.
• • Frozen items: Notify us within twenty-one (21) days of delivery.

We may request that you return the unsatisfactory product or provide a photo of the item as a condition for issuing a replacement or credit.

We reserve the right to reject a refund if we determine, in our sole discretion, that the request is fraudulent.

1. FreshDirect Service - Managing Your Orders

1.1. Placing and Managing Orders. Orders must be placed before the posted cutoff time for your selected delivery window. Delivery windows, associated fees, and any applicable promotions will be displayed during checkout and are available on a first-come, first-served basis. You can view current cutoff times and delivery availability in the “Delivery Info” section of the Platform.

You may request to cancel or modify your order through the “Your Account” section or by contacting our Customer Service team at service@freshdirect.com. See the “Contact Us” section for current hours of operation. All cancellation requests are subject to Section 1.7 (Order Cancellation & Fees). Please note that changes to your order, such as delivery date or substitutions, may affect product pricing or availability.

1.2. Price, Availability and Substitutions. FreshDirect works to offer competitive pricing based on your delivery location. Product prices may vary depending on the address selected at checkout. Once you complete your order, the listed price (or price per pound/ounce, if applicable) is locked in, unless the item was listed with an incorrect price due to system or human error, in which case we may cancel the order and will notify you promptly. You will not be charged for any undelivered items canceled under this provision.

We work closely with our vendors to source fresh products regularly and maintain the highest quality standards. Due to seasonal availability and supplier fluctuations, some items may occasionally become unavailable. In such cases, we may substitute a comparable product at our discretion. If you're not satisfied with a substitution, please contact us and we’ll make it right.

We reserve the right to limit quantities per order and to restrict certain items from purchase, including high-demand or specialty products.

1.3. Delivery and Service Fees. FreshDirect may charge one or more fees in connection with your order to support delivery, order fulfillment, customer service, regulatory compliance, and other operational needs (collectively, the “Fees”). These Fees may vary based on factors such as delivery location, order value, delivery window, or time of day, and are subject to change at any time without prior notice.

Unless expressly stated otherwise, these Fees are not gratuities and will not be distributed to the individuals who deliver your order. FreshDirect compensates its delivery personnel through wages or contractual arrangements, which may include union-negotiated terms. You may choose to add a separate tip during checkout or provide one directly to the delivery person, as further discussed in Section 1.4.

Customers enrolled in a subscription program such as DeliveryPass may be eligible for reduced or waived Fees, subject to the terms and conditions of the applicable plan.

These Fees are not charged for access to, installation of, or use of any FreshDirect software or technology, and do not include taxes or government-imposed surcharges, which may be applied separately as required by law.

1.4. Tip. If you choose to leave a tip, you may specify the amount during checkout on the applicable FreshDirect Platform. The tip amount will be itemized in your order confirmation and included in your total charge. The full amount of the tip, less any credit card processing fees, is distributed to the delivery personnel who, in accordance with FreshDirect’s internal policies, directly participated in fulfilling and delivering your order.

You may also choose to provide a cash tip directly to the delivery personnel at the time of delivery.

FreshDirect delivery personnel may accept tips. Tipping is entirely optional and not required. Customers are encouraged to tip at their discretion if they feel service was exceptional. Tips may be provided during checkout or directly to the delivery person.

1.5. Variable Weight Orders. Certain perishable items (such as meats, seafood, and produce) are sold by weight and are individually selected and prepared for you. The price shown in your cart is an estimate based on average or expected weight. The final price you are charged will be calculated based on the actual weight of the item and the per-unit price displayed at checkout. The final, adjusted price will be shown on your invoice on the day of delivery.

1.6. Minimum Purchase. Your order may be subject to a minimum subtotal requirement, excluding taxes, fees, surcharges, and other service-related charges. Minimum purchase thresholds may vary based on your delivery location or promotional offer.

1.7. Cancellations. If you cancel your order after the posted cutoff time, your order may be subject to a restocking fee, calculated as follows:

• • 100% of the total value of all perishable items, and
• • 25% of the total value of all non-perishable items.

This fee reflects the preparation and handling required for your order and is intended to cover the cost of items that cannot be resold due to their perishable nature.

2. FreshDirect Service - Payment

2.1. Payment Methods. To place an order, you must have a valid payment method on file with FreshDirect. Acceptable payment methods include credit cards, debit cards, electronic benefits transfer (EBT) cards, and other digital payment methods accepted by FreshDirect, which FreshDirect can change, amend, or refuse to accept in its sole discretion. FreshDirect may use authorized third-party payment processors to securely process payments. By providing payment information, you authorize FreshDirect and its payment processors to charge your selected payment method for all amounts due in connection with your orders.

2.2. Authorization and Estimated Costs. FreshDirect may initiate a temporary authorization hold on your selected payment method to confirm its validity and verify sufficient funds. For items priced by variable weight, FreshDirect will authorize up to 125% of the estimated cost; however, only the actual, post-preparation cost will be charged. Non-perishable items will be authorized at 100% of the estimated cost. These holds typically expire within a few business days, depending on your card issuer or financial institution. Multiple authorizations totaling up to $5.00 may appear during account setup or changes to payment details.

2.3. Payment Processing and Declines. Your payment method will be charged on the day your order is delivered. FreshDirect reserves the right to decline any transaction associated with an invalid, expired, fraudulent, or insufficient payment method. In such cases, we will attempt to contact you for resolution. A processing fee may apply for declined payments requiring alternate processing. If amounts due remain unpaid, FreshDirect may charge any outstanding balance to a backup payment method in your account, and may suspend or terminate your access to the FreshDirect Service. You are responsible for all charges incurred, including reasonable collection costs and legal fees.

2.4 Electronic Benefits Transfer (EBT). FreshDirect accepts electronic benefits in compliance with authorized programs and applicable regulations. EBT payments are limited to eligible products and services, and may be subject to availability based on location, platform features, or any other relevant circumstances.

2.5. Checking Account Payment. FreshDirect may, at its discretion, permit payment directly from a checking account if certain eligibility requirements are met, including a positive order history and a valid backup payment method on file. Checking account payments are processed once your order has been prepared and finalized. If a payment is returned or declined due to insufficient funds, FreshDirect may automatically retry the transaction. An exception processing fee will be charged after the first failed attempt, and another fee will apply following a second failed attempt. Any unpaid amounts may be charged to your backup payment method.

2.6 Digital Payment Security and Compliance. FreshDirect’s digital payment systems adhere to industry-standard security protocols, including compliance with the Payment Card Industry Data Security Standard (PCI-DSS). We use encryption and secure processing technologies to protect your payment information and reduce the risk of unauthorized access or disclosure.

2.7. Bottle Deposit. In accordance with applicable state law, FreshDirect collects a State Bottle Deposit for qualifying beverage containers. The total deposit amount will appear as a separate line item in your cart and on your invoice. Deposits may be reclaimed at authorized redemption centers or by returning eligible containers to the Receiving office at 2 St Anns Ave, Bronx, NY 10454.

3. FreshDirect Service - Delivery

3.1. Delivery of Products. FreshDirect uses temperature-controlled vehicles with refrigerated and frozen compartments to help preserve the quality and safety of your items during transit. In some cases, FreshDirect may engage third-party service providers or delivery partners to fulfill and deliver your orders. These third parties are subject to FreshDirect’s delivery requirements and are expected to maintain the same standards of quality and service. To maintain product integrity after delivery, we recommend promptly refrigerating or freezing perishable items upon receipt. Frozen items must be placed in a freezer immediately. In order to maintain timely service for all customers, delivery personnel are not able to wait while items are inspected at the time of delivery.

3.2. Delivery Requirements. To receive a delivery, your delivery address must be within an eligible service area and accessible to FreshDirect personnel. You or an authorized representative must be present at the delivery location during the selected delivery window to receive your order. Anyone present at the delivery location during that window is presumed to be authorized to receive the order. If no one is available to receive the delivery, we will make reasonable efforts to contact you and may offer a redelivery attempt (a redelivery fee may apply). If redelivery is not possible, the order may be canceled and a cancellation fee may apply.

3.3. Unattended Delivery. In certain areas, FreshDirect may offer unattended delivery as an option, subject to availability and platform settings. If you select this option, you assume full responsibility for the order once it has been delivered to the specified location. FreshDirect is not responsible for loss, theft, spoilage, or damage to items after they have been delivered unattended.

3.4. Limits and Adjustments to Delivery. To protect the health and safety of our delivery personnel, we may limit deliveries involving large or heavy items such as cases of beverages or cleaning products. In walk-up buildings without a functioning elevator, deliveries may be limited to the 5th floor, and to the 4th floor for orders containing three or more cases of heavy goods. If an elevator is out of service, these limitations still apply. We ask that customers respect these limits as our platform cannot automatically enforce them, and FreshDirect reserves the right to modify or cancel delivery attempts that exceed these service constraints.

3.5. Invoices. You will receive an invoice via email on the day of delivery. Copies of all order invoices are also available in the "Your Account" section of the Platform. If any items are missing or incorrect, please log into your account and submit a message through the “Contact Us” section of the Platform.

3.6. Inclement Weather and Unforeseen Delivery Complications. In cases of inclement weather, natural disasters, public emergencies, or other unexpected conditions, deliveries may be delayed, rescheduled, or suspended. If there is a significant delay or disruption, we will make reasonable efforts to notify you by phone or email. We will not deliver past 12:30 AM without your express consent. If your delivery address becomes inaccessible for any reason (e.g., street closures, severe weather, building restrictions), we will work with you to identify an alternate location or delivery time, subject to availability.

4. Purchase of Alcoholic Beverages

4.1. Eligibility and Requirements. You must be at least twenty-one (21) years of age to purchase alcoholic beverages, and you may not order or send alcohol to anyone under the legal age. By placing an alcohol order, you confirm that you, the recipient, and any intended consumer are of legal drinking age in the applicable jurisdiction. Alcohol cannot be delivered unattended, left at a door, or left with building staff. A valid, government-issued photo ID showing proof of legal age must be presented at the time of delivery. Digital or photocopied IDs are not accepted. Delivery personnel, including third-party providers, are required to refuse delivery if:

• • No one is present to accept the order;
• • The recipient does not present valid ID;
• • The recipient is under the legal age;
• • The recipient appears visibly intoxicated; or
• • Delivery would otherwise violate applicable law or building policy.

If an alcohol delivery cannot be completed for any of the above reasons, the alcohol portion of your order will be returned to the seller, and you may be charged a non-refundable return or undeliverable item fee. FreshDirect may also limit or suspend alcohol ordering privileges due to repeated failed deliveries.

4.2. Alcohol Availability and Regional Restrictions. Alcoholic beverages are available for delivery only in select areas of New York State. Due to legal, regulatory, or operational restrictions, certain addresses, including specific buildings, may not be eligible. If your delivery address is not eligible, alcohol may be removed from your cart during checkout. FreshDirect reserves the right to update alcohol availability and delivery zones at any time without notice.

4.3 Sales Entity and Licensing. Wines and spirits are sold in New York State by FreshDirect Wines & Spirits, a separately operated business; when you order wine and/or spirits on the Platform, your order is routed to FreshDirect Wines & Spirits, who fulfills your order. You will be separately charged for any wines and spirits. FreshDirect and FreshDirect Wines & Spirits operate independently. Licensing and compliance information is available upon request.

4.4. Use of Third Parties for Alcohol Delivery. Any of our third-party service providers delivering alcohol on our behalf are held to the same compliance standards regarding ID verification and refusal of service.

5. Access to the FreshDirect Service

5.1. Account Credentials and Security. To access certain features of the Platform and use the FreshDirect Service, you must create an account and establish a username and password. You are solely responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account, whether or not authorized by you. You agree to notify FreshDirect immediately of any suspected or actual unauthorized access to your account. We strongly recommend that you enable multi-factor authentication, where available, to enhance the security of your account.

5.2. Account Responsibility. You are responsible for all activity and charges incurred through your account, including applicable taxes, bottle deposits, and purchases made by anyone using your account, whether authorized or not. You agree to maintain accurate, truthful, and current account information, including your name, delivery address, payment details, contact information, and any designated recipients or authorized users. You agree not to provide false, inaccurate, or fraudulent information to FreshDirect under any circumstances. You can manage and update your information in the “Your Account” section of the Platform or by contacting our Customer Service team. For your security, please do not send credit card, payment information, or other sensitive personal information via email.

5.3. Availability. We reserve the right to withdraw or amend the Platform and/or the FreshDirect Service, and any service or material we provide on the same, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform and/or the FreshDirect Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform and/or the FreshDirect Service, or the entirety of the same, to users, including registered users.

You are responsible for:

• • Making all arrangements necessary for you to have access to the Platform and/or the FreshDirect Service; and
• • Ensuring that all persons who access the Platform and/or the FreshDirect Service through your internet connection are aware of this Customer Agreement and comply with them.

5.4. Account Updates and Corrections. If you need to correct or update any personal or account information, you may do so directly by visiting the “Your Account” section on the Platform. Alternatively, you can contact us at service@freshdirect.com. Please do not send sensitive information such as credit card details via email.

5.5. Privacy Policy. Your use of the Platform and FreshDirect Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. We are committed to maintaining the confidentiality of your data and complying with applicable privacy laws. We also strive to ensure our digital services are accessible and follow applicable accessibility standards, such as WCAG 2.1 AA.

5.6. Intellectual Property Rights. The Platform and the FreshDirect Service, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FreshDirect, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Customer Agreement permits you to use the Platform and the FreshDirect Service for your personal, non-commercial use only. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing or transmitting any of the material on the Platform and the FreshDirect Service without our permission.

No right, title or interest in or to the Platform and the FreshDirect Service or any content on the same is transferred to you, and all rights not expressly granted are reserved by FreshDirect. Any use of the Platform and/or the FreshDirect Service not expressly permitted by this Customer Agreement is a breach of this Customer Agreement and may violate copyright, trademark and other laws.

5.7 Prohibited Uses. You may use the Platform and the FreshDirect Service only for lawful purposes and in accordance with this Customer Agreement.

You warrant and agree that, while using the Platform and/or the FreshDirect Service, you shall not upload, post or transmit to or distribute or otherwise publish through the Platform and/or the FreshDirect Service any materials that: (a) are in breach of any part of this Customer Agreement; (b) restrict or inhibit any other user from using and enjoying the Platform and/or the FreshDirect Service; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus, malware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Platform and/or the FreshDirect Service for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Website. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Platform or the FreshDirect Service itself or derivative works with respect thereto, as the Platform and the FreshDirect Service is protected by copyright.

Additionally, you agree not to take any action that is intended to or would have the effect of interfering with the Platform and/or the FreshDirect Service.

5.8. The information presented on or through the Platform and/or the FreshDirect Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to or user of the Platform and/or the FreshDirect Service, or by anyone who may be informed of any of its contents.

6. Warranty Disclaimer; Limitation of Liability; Indemnification

6.1. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, THE FRESHDIRECT SERVICE, AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED BY THEM IS AT YOUR OWN RISK. THE PLATFORM, THE FRESHDIRECT SERVICE, AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, FRESHDIRECT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRESHDIRECT MAKES NO WARRANTIES REGARDING THE AVAILABILITY, RELIABILITY, ACCURACY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR SERVICES PROVIDED THROUGH THE PLATFORM OR THE FRESHDIRECT SERVICE.

WE DO NOT GUARANTEE THAT THE PLATFORM OR SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING ALL DEVICES, COMPUTING EQUIPMENT, OR NETWORKING EQUIPMENT THAT YOU USE TO ACCESS THE PLATFORM AND/OR THE FRESHDIRECT SERVICE, AND FRESHDIRECT IS NOT RESPONSIBLE FOR THE FAILURE OF THE SAME NOR FOR ANY ISSUES ARISING DUE TO THE GENERAL OPERATION OF THE INTERNET.

IF YOUR USE RESULTS IN THE NEED TO REPAIR OR REPLACE EQUIPMENT OR DATA, FRESHDIRECT IS NOT RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

6.2. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRESHDIRECT OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS (COLLECTIVELY, “FRESHDIRECT PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM, THE FRESHDIRECT SERVICE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR THE FRESHDIRECT SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE. FRESHDIRECT’S TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATING TO A PURCHASE SHALL BE LIMITED TO A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE.

6.3. Geographic and Legal Use Restrictions. FreshDirect operates the Platform for use in the jurisdictions where we offer our Services. We make no representations that the Platform, its content, or the Services are appropriate or available for use in other locations. If you access the Platform from outside these jurisdictions, you are responsible for compliance with all applicable local laws. Pricing and availability are subject to change without notice and may vary based on geographic region.

6.4. Indemnification. To the extent permitted by law, you agree to indemnify, defend, and hold harmless FreshDirect Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ and accounting fees) arising out of or relating to:

• (a) your use or misuse of the Platform or Services;
• (b) your violation of this Agreement;
• (c) your violation of any law or the rights of a third party; or
• (d) any content or material you submit or make available through the Platform.

FreshDirect reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate in such defense.

6.5 Limitation of Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS CUSTOMER AGREEMENT OR THE PLATFORM OR FRESHDIRECT SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

7. Mandatory, Individual Arbitration and Dispute Resolution.

THIS SECTION 7 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

7.1. Agreement to Arbitrate. PLEASE READ THIS SECTION CAREFULLY, IT AFFECTS YOUR LEGAL RIGHTS. To the fullest extent permitted by law, you and FreshDirect agree that any dispute, claim, or controversy arising out of or relating to your use of the FreshDirect Service, the Platform, or this Agreement (including formation, performance, breach, enforcement, interpretation, or validity), will be resolved exclusively and finally through binding arbitration on an individual basis, except as otherwise provided below. This agreement to arbitrate is intended to be broadly interpreted and includes, without limitation, claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes.

7.2. Arbitration Procedure. Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the “AAA Rules”) then in effect. If the AAA is unavailable or unwilling to administer the arbitration, the parties will select an alternative arbitration forum. The arbitration shall be conducted by a single neutral arbitrator and, unless otherwise agreed by the parties, shall take place in the county of your most recent FreshDirect delivery address.

The arbitrator will have the authority to award the same remedies (including attorneys’ fees and costs) that a court could award under applicable law, subject to the limitations of this Agreement. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

7.3. Individual Arbitration and Waiver of Jury Trial and Class Action. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FRESHDIRECT AGREE THAT ANY ARBITRATION OR LITIGATION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND FRESHDIRECT EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. The arbitrator shall not consolidate claims of multiple parties or preside over any form of class or representative proceeding.

7.4. Fees and Costs. FreshDirect will pay the arbitration administrative and filing fees as required by the AAA Rules. If your claim does not exceed $5,000 and you demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, FreshDirect will pay your share of the arbitration filing fee. Each party will bear its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law.

7.5 Small Claims Exception. You or FreshDirect may bring an individual claim in small claims court instead of arbitration if the claim is within the court’s jurisdiction and is pursued on an individual basis.

7.6. Opt-Out. You may opt out of this arbitration agreement by sending a written notice to legal@freshdirect.com with your full name, mailing address, phone number, and the email address associated with your account, stating clearly your intent to opt out. This opt-out notice must be sent within thirty (30) days of the date you first accept this Agreement. Opting out of arbitration will not affect the other terms of this Agreement.

7.7. Enforcement and Severability. If any portion of this Section 7 is found to be unenforceable or unlawful for any reason, (a) the unenforceable provision shall be severed, (b) the remainder of this Section 7 shall remain in effect, and (c) if any claims must proceed on a class or representative basis, they must be litigated in a civil court of competent jurisdiction, not in arbitration.

8. General Terms

8.1. Termination. This Agreement remains in effect until terminated by either party. FreshDirect may suspend, restrict, or terminate your access to the FreshDirect Service or this Agreement at any time, with or without notice, for any reason, including but not limited to suspected fraud, abuse, or violation of these terms. You may terminate your FreshDirect account at any time by providing notice via the methods specified below. Termination does not relieve you of responsibility for charges incurred prior to cancellation, including amounts owed to third-party vendors.

8.2. Notices. FreshDirect may provide you with notices or other communications regarding the FreshDirect Service by email, postings on the Platform, push notifications, or other reasonable means using the contact information associated with your account. You may send notices to FreshDirect by email (as directed in the “Help” or “Contact Us” section) or by mail to:

Fresh Direct, LLC
2 St Anns Ave
Bronx, NY 10454
Attn: Customer Service

8.3. Entire Agreement and Severability. This Agreement (including our Privacy Policy and Platform Terms of Use) constitutes the entire agreement between you and FreshDirect regarding the FreshDirect Service. If any provision is held unenforceable, it shall be modified to the minimum extent necessary to be valid and enforceable, and the remaining provisions shall remain in effect. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.

8.4. Governing Law and Jurisdiction. This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles. Subject to Section 7 (Arbitration), you agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York. You waive any objection to such jurisdiction or venue. Any claim you may have must be brought within one (1) year of the event giving rise to it.

8.5. Third-Party Beneficiaries. You agree that the provisions of this Agreement, including those relating to limitations of liability and indemnification, are for the benefit of FreshDirect, its affiliates, and its service providers, all of whom shall have the right to enforce such terms.

8.6. Third-Party Products and Services. FreshDirect may offer access to products or services provided by third-party businesses. In such cases, FreshDirect acts solely as a facilitator. All purchases, warranties, and disputes related to those products or services are solely between you and the third party. FreshDirect does not guarantee or endorse any third-party offerings and disclaims any liability arising from their use.

8.7. Amendments. FreshDirect may update this Agreement from time to time. Changes will be effective for all new orders made after such changes are publicly posted on the Platform and/or FreshDirect Service, and will be effective and applicable to your use of the Platform and/or the FreshDirect Service seven (7) days after posting for existing users. Continued use of the Platform or Services following notice of changes constitutes acceptance of those changes. We encourage you to review the terms regularly.

ADDITIONAL TERMS FOR FRESHDIRECT CORPORATE SERVICES CUSTOMERS ONLY

This section applies only to FreshDirect Corporate Services Customers. If any provision in this section conflicts with the general Customer Agreement, the terms of this section will control for Corporate Services Customers. All other terms of the Customer Agreement apply unless expressly modified below.

9. Corporate Service – Ordering and Delivery

9.1. Ordering and Modification. Corporate delivery is available seven (7) days a week, including most non-holiday weekdays and weekends, subject to location availability. Delivery availability, associated fees, and any applicable promotions will be displayed during the ordering process. Orders must be placed before the posted cutoff time for the selected delivery date.

You may modify or cancel an existing order, such as by changing items, delivery window, or delivery date, through your account in the “Your Account” section of the Platform, or by contacting the Corporate Services team at corporateconcierge@freshdirect.com or by phone at 866-283-0026 (English) / 866-283-0013 (Español) during business hours (see “Help” section for current hours). Changes made after the posted cutoff time may not be accepted and may result in a restocking fee as described in the main Customer Agreement. Modifying an order may affect item pricing or availability.

9.2. Delivery Requirements. Corporate delivery must be to a commercial address where FreshDirect is authorized to deliver. A representative must be present during the selected delivery window to receive the order. Deliveries may be limited to the lobby or main entrance of your building.

If no one is available to receive the delivery, we will use commercially reasonable efforts to contact you to reschedule for the same day. If redelivery is not possible, the order will be canceled, and a restocking fee may apply. Anyone at the delivery address who accepts the delivery is conclusively presumed to be authorized to do so.

10. Access to the FreshDirect Service

Corporate Service access requires a valid username and password issued during registration. FreshDirect may require address verification before completing registration. You are solely responsible for maintaining the confidentiality of your credentials and for any activity under your account. You agree to notify FreshDirect promptly of any unauthorized use. We recommend enabling multi-factor authentication where available.

This Agreement was last revised on October 16, 2025.