Terms of Service

Last updated: January 15, 2026

Please read these Terms of Service ("Terms") carefully before using freshtomato.live (the "Site") or placing any order with Fresh Tomato ("we", "us", "our"). By accessing the Site or completing a purchase, you agree to be bound by these Terms.

1. Acceptance of Terms

By using this website you confirm that you are at least 18 years old, have legal capacity to enter into a binding agreement, and accept these Terms in full. If you do not agree, you must stop using the Site immediately.

2. Products and Availability

All products listed on the Site are subject to availability. Because our produce is perishable and seasonally dependent, product availability may change with little notice. We reserve the right to limit quantities, discontinue products, or substitute equivalent varieties at our discretion. Where a substitution is made, we will notify you before dispatch.

3. Pricing

All prices displayed on the Site are in US Dollars (USD) unless otherwise stated, and are inclusive of applicable sales tax where required by law. Delivery charges are calculated at checkout and will be clearly shown before payment is taken. We reserve the right to adjust prices at any time; however the price confirmed at checkout is the price you will be charged.

4. Orders and Payment

An order placed through the Site constitutes an offer to purchase. Your order is accepted and a binding contract formed only when we send you an order confirmation email. We reserve the right to decline or cancel any order at our discretion — for example, in cases of pricing errors or suspected fraud.

Payment must be made in full at the time of ordering. We accept major credit and debit cards. All card transactions are processed by our third-party payment provider through a secure, PCI-compliant gateway.

5. Delivery

We aim to dispatch all orders placed before 12:00 noon (local time, business days) on the same day. Estimated delivery windows are provided at checkout and are indicative only — we cannot guarantee delivery times due to factors outside our control (courier delays, adverse weather, etc.).

Risk of loss or damage passes to you upon delivery. If your order is not delivered within 3 business days of the estimated date, please contact us immediately.

6. Perishable Goods — Quality Guarantee

Given the perishable nature of fresh produce, claims regarding quality must be made within 24 hours of delivery, accompanied by photographic evidence. Where a valid quality claim is received, we will at our discretion offer a replacement shipment, a credit, or a refund. We cannot accept returns of perishable goods.

7. Cancellations and Refunds

Orders may be cancelled for a full refund provided cancellation is requested before we have begun packing (typically before 10:00 AM on the dispatch day). After packing has commenced, cancellation is not possible for same-day dispatches. For subscriptions, you may cancel future deliveries with at least 48 hours' notice before the next scheduled dispatch.

Refunds, where applicable, are processed to the original payment method within 5–10 business days.

8. Intellectual Property

All content on this Site — including text, images, logos, graphics, and design elements — is owned by or licensed to Fresh Tomato and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any Site content without our prior written consent.

9. User Conduct

You agree not to use this Site to engage in unlawful activity; transmit spam, malware, or harmful code; attempt to gain unauthorised access to any part of the Site; or misrepresent your identity or affiliation.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Fresh Tomato shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or our products. Our total liability to you in connection with any order shall not exceed the amount paid for that specific order.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

11. Governing Law

These Terms are governed by and construed in accordance with applicable law. Any disputes shall first be attempted to be resolved amicably through our customer service team. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the competent courts.

12. Changes to These Terms

We may revise these Terms at any time by updating this page. The "Last updated" date will reflect the most recent change. Your continued use of the Site after any change constitutes acceptance of the revised Terms.

13. Contact

For questions about these Terms, please contact us at:
Email: [email protected]
Website: freshtomato.live/contact