Website, mobile application, ordering, and grocery delivery services
Acceptance of These Terms
These Terms and Conditions (the "Terms") are an agreement between Desi Fresh Inc. ("Desi Fresh," "we," "us," or "our") and each person who accesses or uses the Services ("you" or "your"). By creating an account, placing an order, clicking to accept, or otherwise using the Services, you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
Additional terms may be shown for a particular product, promotion, delivery method, partner, or feature. If those additional terms conflict with these Terms, the additional terms control only for that product, promotion, delivery method, partner, or feature.
Eligibility and Accounts
You must be at least 18 years old and legally capable of entering into a contract to use the Services. A parent or legal guardian may use the Services for a minor, but the adult remains responsible for all activity and purchases.
You agree to provide accurate, current, and complete information, including your name, contact details, payment information, delivery address, apartment or unit number, and access instructions. You are responsible for keeping your account and one-time passcodes secure and for activity under your account. Notify us promptly if you suspect unauthorized use.
We may refuse, suspend, restrict, or close an account where reasonably necessary to address suspected fraud, payment risk, abusive behavior, misuse of promotions, safety concerns, or a violation of these Terms or applicable law.
The Services
Desi Fresh provides a digital service through which customers may browse and purchase groceries, fresh produce, prepared or packaged foods, household products, and other available items for delivery or pickup. Product selection, fulfillment methods, fees, delivery areas, and service availability may vary by location and may change over time.
Some products or services may be supplied, prepared, fulfilled, or delivered by independent stores, restaurants, manufacturers, distributors, couriers, or other partners. Where a partner is identified as the seller or fulfillment provider, any additional partner terms disclosed at checkout may also apply. Desi Fresh remains responsible for obligations that applicable law does not permit us to disclaim or transfer.
Orders and Order Acceptance
Your submission of an order is an offer to purchase the listed items. An order confirmation acknowledges receipt but does not necessarily mean the order has been accepted. We may accept, reject, limit, or cancel all or part of an order for reasons including product unavailability, pricing or description errors, quantity limits, suspected fraud, payment issues, safety concerns, or delivery limitations.
If we cancel an item after charging you, we will refund or reverse the applicable charge. We may impose reasonable per-customer, per-household, per-address, or per-order quantity limits, including for promotional or high-demand items.
Product Information, Availability, and Substitutions
We work to present accurate product names, images, sizes, ingredients, dietary labels, country of origin, prices, and availability. However, packaging, color, appearance, ingredients, and other details may change, and images may be illustrative. Always review the product label and manufacturer information before use or consumption.
Grocery inventory changes quickly. An item shown as available when you order may become unavailable before fulfillment. Depending on the preference you select and the options offered in the Services, we may:
- Replace the unavailable item with a reasonably comparable product
- contact you for approval or present a substitution in the app; or allow you to select a replacement, with any additional cost disclosed for your approval.
- Omit the item and refund or remove the applicable charge.
A substitute may differ in brand, size, price, ingredients, allergens, dietary attributes, or country of origin. You are responsible for reviewing substitutions before consumption. If a substitution costs less, we will charge the lower price. If it costs more, we will charge only as disclosed at checkout or through the substitution process, subject to any stated substitution limit.
Variable-Weight Products
Fresh produce, meat, seafood, cheese, bulk goods, and similar items may be priced by weight. The weight and price shown before checkout are estimates. Your final charge will reflect the actual weight selected and the applicable price per unit, subject to any range or maximum disclosed during ordering. Reasonable variations in size, ripeness, color, and appearance are normal for fresh products and do not by themselves indicate a defect.
Prices, Fees, Taxes, Tips, and Payment
Prices and promotions displayed through the Services may differ from in-store prices, prices offered by another seller, or prices available in another location. Prices may change before you place an order. The checkout screen will show the subtotal and any applicable delivery fees, service fees, bag fees, deposits, taxes, tips, and other charges before you submit the order.
By submitting an order, you authorize Desi Fresh and its payment processors to charge your selected payment method for the estimated order total and, after fulfillment, the final total. The final total may change because of actual weights, approved substitutions, unavailable items, taxes, refunds, tips, or other disclosed adjustments. Your bank may place a temporary authorization hold that differs from the final posted charge.
You represent that you are authorized to use the selected payment method. We may cancel or delay an order if payment cannot be authorized or if the transaction appears fraudulent or unlawful. Unless checkout expressly states otherwise, delivery and service fees are not gratuities. Any customer-selected tip is intended for delivery personnel, subject to applicable law and the disclosed payment process.
If we accept EBT, SNAP, or another government benefit, only eligible items may be purchased with that benefit, and program rules apply. Non-eligible products, fees, taxes, and tips must be paid using another accepted method.
Delivery and Pickup
Delivery dates, windows, and arrival times are estimates, not guarantees. Traffic, weather, road conditions, building access, order volume, product availability, courier capacity, public emergencies, and other circumstances may cause delays or rescheduling. We will make reasonable efforts to provide updates when practical.
You must provide a complete and accurate delivery address and any apartment, floor, unit, gate, buzzer, call-box, parking, or access information needed to complete delivery. You are responsible for ensuring that the delivery location is safe and legally accessible and that someone authorized is available when the order requires in-person delivery.
Unless the Services require a signature or in-person handoff, you authorize us to leave an order at the door, lobby, front desk, mailroom, package room, locker, or another reasonably safe location at the address you provide. Delivery is complete when the order is handed to you or an authorized recipient, or left at the authorized delivery location. After delivery, you are responsible for promptly retrieving and properly storing the order.
If delivery cannot be completed because of an incorrect or incomplete address, missing access information, an unsafe location, your unavailability for a required handoff, or another circumstance within your control, we may attempt to contact you, leave the order where reasonably safe, reschedule for an additional fee, or cancel the order. Refund eligibility will depend on the condition and resalability of the items and applicable law.
For pickup orders, you must collect the order within the displayed pickup window and follow the location's identification and pickup instructions. Orders not collected on time may be canceled without a refund for perishable, prepared, or otherwise non-resalable items, except where applicable law requires otherwise.
Food Safety, Allergens, and Product Handling
Refrigerate or freeze perishable products promptly after delivery and follow package storage, preparation, cooking, expiration, and safety instructions. Some softening, condensation, or minor temperature variation may occur during transport; if you believe a temperature-sensitive item is unsafe, do not consume it and contact us promptly.
Product information may be supplied by manufacturers, distributors, or partners and may change without advance notice. The Services are not a substitute for product packaging. If you have an allergy, dietary restriction, medical condition, or religious dietary requirement, review the label and contact the manufacturer when needed. Products may be prepared, packed, stored, or transported in facilities that handle common allergens. We do not provide medical or dietary advice.
If an item is recalled or subject to a safety notice, follow the instructions in the notice and do not use or consume the affected product. We may contact you using the information associated with your account or order.
Cancellations and Changes
You may modify or cancel an order until the cutoff time shown in the Services or before fulfillment begins, whichever occurs first. After that point, we may be unable to change or cancel the order. If we allow a late cancellation, you may be charged for perishable, prepared, special-order, or other items that cannot reasonably be resold, together with any costs already incurred and disclosed to you.
We may cancel or reschedule an order because of product unavailability, severe weather, safety issues, delivery restrictions, suspected fraud, payment failure, events beyond our reasonable control, or an error in the Services. If we cancel an order, we will refund amounts charged for undelivered items, except to the extent a charge is permitted by these Terms and applicable law.
Returns, Refunds, and Order Problems
Because many groceries are perishable or temperature-sensitive, they generally cannot be physically returned after delivery. If an item is missing, incorrect, damaged, spoiled, unsafe, materially below reasonable quality expectations, or not delivered, contact customer support through the Services or at support@desifreshgroceries.com as soon as possible or by whatsapp at +1 (848) 281-2091.
Unless a different period is displayed at purchase, requests concerning fresh, frozen, refrigerated, prepared, or other perishable items must be submitted within 24 hours after delivery. Requests concerning shelf-stable food or non-food items must be submitted within 2 days after delivery. We may request the order number, a description, photographs, product packaging, or other information reasonably needed to investigate. Do not discard a product involved in a safety concern until we advise you it is no longer needed, unless keeping it would be unsafe.
After reviewing a request, we may provide a replacement, a refund to the original payment method, an account credit, or another remedy permitted by law. Any account credit will be subject to the terms disclosed when issued and will not expire where expiration is prohibited. Original payment refunds may take several business days to appear, depending on the payment provider. We do not require a customer to accept store credit instead of a refund when applicable law requires a refund to the original payment method.
Refunds are not available for ordinary taste preferences, reasonable natural variation in fresh items, damage caused after delivery, failure to retrieve or refrigerate an unattended delivery promptly, an incorrect address supplied by you, or misuse of a product, except where required by law. Nothing in this section limits any non-waivable warranty, recall remedy, or consumer right.
Promotions, Coupons, Gift Cards, and Credits
Promotions, coupons, referral rewards, gift cards, loyalty benefits, and account credits are subject to the terms presented with them. Unless those terms state otherwise, they are limited to one per order, cannot be combined, transferred, resold, redeemed for cash, or applied retroactively, and may be limited by product, location, customer, household, or time period. Cash redemption rights required by law are not affected.
We may correct, suspend, or cancel a promotion affected by an error, fraud, misuse, or circumstances beyond our reasonable control. Creating or using multiple accounts to evade limits or repeatedly claim a new-customer offer is prohibited and may result in order cancellation, loss of promotional value, or account restriction.
Age-Restricted Products
If the Services offer alcohol, tobacco, regulated medicines, or other age-restricted products, you must meet the legal age and other eligibility requirements for purchase and delivery. The recipient may be required to be present and show valid, unexpired government-issued photo identification. We may refuse delivery when identification is unavailable, invalid, or does not match the recipient, or when delivery would violate law or safety requirements. Fees or refund restrictions for failed age-verification deliveries will be disclosed at checkout and applied only as permitted by law.
Electronic Communications, Calls, and Text Messages
You consent to receive transactional communications needed to operate the Services, such as one-time passcodes, receipts, substitution requests, delivery updates, safety notices, and customer-support messages, by email, push notification, telephone, or text message at the contact information you provide. Message and data rates may apply.
Marketing communications are sent only as permitted by law and your choices. Consent to marketing texts or calls is not a condition of purchase. You may unsubscribe from marketing emails using the link in the message, adjust push-notification settings on your device, and reply STOP to marketing text messages. You may receive a confirmation of your opt-out. Contact support@desifreshgroceries.com for assistance. Opting out of marketing will not prevent necessary transactional or safety communications.
Reviews and Other User Content
The Services may allow you to submit ratings, reviews, photographs, comments, messages, or other content ("User Content"). You retain ownership of your User Content. By submitting it, you grant Desi Fresh a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, adapt, publish, translate, display, distribute, and otherwise use that content to operate, improve, and promote the Services, subject to our Privacy Policy and applicable law.
You represent that you have the rights needed to submit User Content and that it is accurate to the best of your knowledge. User Content must not be unlawful, defamatory, deceptive, harassing, hateful, obscene, infringing, invasive of privacy, commercially solicitous without authorization, or harmful to the Services or another person. We may remove or restrict User Content, but we are not obligated to monitor all content.
Acceptable Use
You may use the Services only for lawful, personal, and non-commercial purposes unless we authorize otherwise. You may not:
- interfere with the operation or security of the Services, or attempt to gain unauthorized access to any account, system, or network
- use bots, scrapers, automated tools, or other methods to extract data or place orders except through interfaces we expressly provide
- reverse engineer, copy, modify, distribute, sell, lease, sublicense, or commercially exploit any part of the Services except as permitted by law
- impersonate another person, submit false information, use a payment method without authorization, or engage in fraud
- harass or threaten customers, staff, couriers, partners, or other persons; or
- use the Services in a way that violates law, infringes rights, compromises safety, or causes unreasonable burden or disruption.
Intellectual Property
The Services and their software, design, text, graphics, photographs, product collections, trademarks, logos, and other content are owned by or licensed to Desi Fresh and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use. No other rights are granted.
Third-party product names, images, logos, and trademarks belong to their respective owners. Their appearance does not imply sponsorship or endorsement unless we expressly say so.
Third-Party Services and Links
The Services may rely on or link to third-party payment processors, maps, authentication providers, delivery partners, app stores, websites, and other services. Their own terms and privacy practices may apply. We are not responsible for third-party services that we do not control, but this does not limit our responsibility for our own conduct or any obligation that cannot be excluded under law.
Privacy
Our Privacy Policy explains how we collect, use, disclose, and protect personal information. Please review it at our Privacy Policy. These Terms do not authorize any use of personal information inconsistent with the Privacy Policy or applicable law.
Service Availability, Changes, and Account Termination
We may update, modify, suspend, or discontinue all or part of the Services, including product offerings, delivery areas, fees, and features. We may also restrict or terminate access for a material violation of these Terms, fraud, abuse, unlawful conduct, nonpayment, or safety concerns. Where reasonably practical, we will provide notice and an opportunity to address the issue, but immediate action may be taken when necessary to protect customers, personnel, partners, or the Services.
You may stop using the Services at any time and may request account closure through customer support. Provisions that by their nature should survive termination - including payment obligations, intellectual property rights, disclaimers, liability limits, indemnification, dispute provisions, and general terms will survive.
Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DESI FRESH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ALL PRODUCT DESCRIPTIONS, AVAILABILITY, DELIVERY ESTIMATES, OR THIRD-PARTY INFORMATION WILL ALWAYS BE COMPLETE OR ACCURATE.
These disclaimers do not exclude any express warranty we provide or any warranty or consumer protection that applicable law does not allow to be excluded. Product warranties offered by a manufacturer or seller remain subject to their terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, DESI FRESH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
To the fullest extent permitted by law, our total aggregate liability for a claim arising from the Services or these Terms will not exceed the greater of (a) the amount you paid to Desi Fresh for the order giving rise to the claim or (b) $100. This limitation does not apply to fraud, gross negligence, willful misconduct, personal injury caused by our negligence, violations of law, or any liability that cannot legally be limited. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Desi Fresh and its affiliates, officers, directors, employees, agents, and service providers from third-party claims, damages, losses, liabilities, and reasonable costs arising from your unlawful misuse of the Services, your material violation of these Terms, your infringement of another person's rights, or User Content you submit. This obligation does not apply to the extent a claim results from Desi Fresh's own negligence, willful misconduct, or violation of law.
Informal Dispute Resolution; Governing Law and Venue
Before filing a lawsuit, you and Desi Fresh agree to make a good-faith effort to resolve the dispute informally. Send a written notice describing the dispute, the relevant order or account, and the relief requested to support@desifreshgroceries.com and the mailing address listed below. The receiving party will have 30 days to respond, unless urgent relief is reasonably necessary.
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, except to the extent federal law applies. Any court proceeding arising from these Terms or the Services must be brought in the state or federal courts located in New Jersey, and each party consents to those courts' jurisdiction and venue. You may bring an eligible claim in small claims court. Nothing in these Terms limits any right to file a complaint with a government agency or seek a remedy that cannot be waived by contract.
Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms and update the "Last updated" date. If a change materially affects your rights or obligations, we will provide additional notice when required by law. Changes apply prospectively from their effective date. Your continued use of the Services after that date means you accept the revised Terms, except where applicable law requires another form of consent.
General Terms
These Terms, the Privacy Policy, and any additional terms presented for a particular product or feature constitute the entire agreement between you and Desi Fresh regarding the Services. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect. A waiver must be in writing and applies only to the specific instance stated. Headings are for convenience only.
You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the Services, subject to applicable law. We are not responsible for delay or failure caused by events beyond our reasonable control, including severe weather, natural disasters, utility or network failures, labor disruptions, governmental action, public emergencies, transportation disruptions, or supply shortages.
Contact Us
Questions, order concerns, and support requests may be sent to:
Desi Fresh Inc.
Email: support@desifreshgroceries.com
Phone/WhatsApp: +1 (848) 281-2091
Address: 50 Cragwood Rd, Ste 112, South Plainfield, NJ 07080
