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Disclaimer

1. No Warranties

The website, mobile application, and related services operated under the brand name Tucci Fresh (collectively referred to as the “Platform”) are provided on an “as is”, “as available”, and “with all faults” basis. Your access to and use of the Platform, including the purchase and consumption of products offered, is at your sole risk.

 

To the maximum extent permitted under applicable law, Tucci Fresh, its affiliates, officers, directors, employees, agents, licensors, and suppliers (“Tucci Fresh Parties”) expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to:

  • Warranties of merchantability, satisfactory quality, or fitness of products for a particular purpose;
  • Warranties of title, ownership, or non-infringement of intellectual property rights;
  • Warranties relating to the accuracy, reliability, completeness, or timeliness of information, content, or services provided on the Platform;
  • Warranties that the Platform will operate without interruption, errors, defects, viruses, malware, or harmful components.

 

While Tucci Fresh takes utmost care to source, package, and deliver fresh and authentic produce, we do not warrant that:

  • Products will always be available in stock at the time of order;
  • The characteristics of produce (such as size, shape, color, or weight) will be identical to images or descriptions shown on the Platform, since organic produce is subject to natural variations;
  • Products will meet every individual expectation regarding taste, freshness, or shelf-life, as these are influenced by natural factors beyond our control;
  • Any third-party services (such as payment gateways, logistics providers, or external links) will perform without error, delay, or disruption.

 

No oral or written advice, assurance, or information given by any Tucci Fresh representative, whether through customer support, advertisements, or otherwise, shall create any warranty not expressly stated in these terms.

2. Risks and Responsibilities

Natural Variations: All Tucci Fresh products are sourced from certified farmers and suppliers of produce. By purchasing through the Platform, you acknowledge and accept that:

  • Fresh fruits, vegetables, and other items are natural products and may vary in shape, size, color, or texture from the images or descriptions displayed on the Platform.
  • Seasonal and climatic factors may influence the taste, appearance, or shelf-life of products.
  • Minor imperfections or irregularities are characteristic of organic produce and do not amount to a defect or deficiency.

 

Perishability of Products: You understand that all fresh produce is highly perishable. While Tucci Fresh takes commercially reasonable care in storing, packaging, and transporting products, we cannot guarantee that items will remain fresh if not promptly received, properly handled, or stored by you after delivery.

 

Handling and Storage: It is your sole responsibility to ensure that products are stored, refrigerated, or consumed in accordance with standard food safety practices upon delivery. Tucci Fresh will not be liable for any loss, spoilage, or damage resulting from improper handling, delayed collection, or unsuitable storage conditions after delivery.

 

Consumption Risks: By purchasing and consuming Tucci Fresh products, you acknowledge and agree that:

  • Individual sensitivities, intolerances, or allergic reactions to natural produce may occur, and Tucci Fresh does not warrant suitability of products for any specific dietary requirement, medical condition, or individual need.
  • It is your responsibility to carefully review product information, including origin, category, and any available handling instructions, and to consult a qualified healthcare professional if you have specific dietary concerns.
  • Tucci Fresh will not be liable for any adverse reaction, illness, or health condition caused by consumption, preparation, or combination of products purchased through the Platform.

 

Customer Duty of Care: You agree to exercise reasonable judgment and caution when purchasing and consuming organic produce through the Platform. Tucci Fresh shall not be held responsible for any loss, injury, or damage resulting from negligence, mishandling, or misuse of the products after delivery.

3. Third-Party Sellers & Services

Independent Third Parties: The Platform may engage or integrate with third-party service providers, including but not limited to logistics partners, delivery agents, payment gateways, banks, technology vendors, and marketing affiliates (“Third-Party Services”). These entities are independent contractors and are not employees, agents, or representatives of Tucci Fresh.

 

No Control Over Third-Party Services: While Tucci Fresh makes reasonable efforts to work only with trusted providers, we do not control, operate, or endorse any Third-Party Services. We are not responsible for:

  • The timeliness, accuracy, completeness, or reliability of services or content provided by third parties;
  • Any interruptions, delays, failures, or defects in third-party networks, servers, or systems;
  • The security or processing of payments made through third-party payment gateways;
  • The actions, omissions, or negligence of delivery agents, logistics partners, or payment providers.

 

External Links: The Platform may contain links to third-party websites, mobile applications, or resources for your convenience. Such links are provided solely for informational purposes. Tucci Fresh does not endorse, control, or take responsibility for the content, accuracy, availability, or security of such third-party resources. Your access and use of these third-party resources is entirely at your own risk and subject to the terms and policies of those third parties.

 

No Liability for Third-Party Acts or Omissions: Tucci Fresh shall not be held liable for:

  • Any error, delay, non-performance, breach, or deficiency of service by third-party service providers;
  • Any loss, damage, theft, fraud, or unauthorized use of information arising out of third-party services;
  • Any personal injury, property damage, financial loss, or data loss resulting from reliance on, or dealings with, third-party services or links.

 

Customer Responsibility: You acknowledge that engaging with third-party service providers or relying on external links from the Platform is entirely at your discretion. We recommend that you independently verify the authenticity, reliability, and suitability of any third-party before entering into any transaction.

4. Limitation of Liability
  1. Accuracy of Information: Tucci Fresh makes reasonable efforts to ensure that product descriptions, prices, nutritional details, availability, and other information displayed on the Platform are accurate and up to date. However, we do not warrant or guarantee that such information is error-free, complete, reliable, or current at all times.
  2. Illustrative Images: Product images displayed on the Platform are for illustrative purposes only. Due to natural variations in organic produce and differences in lighting, photography, or display screens, the actual product delivered may differ slightly in color, size, shape, or appearance from the images shown.
  3. Nutritional and Health Information: Any nutritional values, dietary information, health-related claims, or general wellness suggestions provided on the Platform are for general informational purposes only. Such information should not be relied upon as medical or dietary advice. Customers with specific health concerns, allergies, or medical conditions must consult qualified healthcare professionals before consuming products purchased from Tucci Fresh.
  4. Typographical and System Errors: In the event that a product is listed at an incorrect price, description, or with inaccurate information due to typographical errors, system malfunctions, or data inaccuracies provided by suppliers, Tucci Fresh reserves the right to correct such errors and, where necessary, cancel any affected orders. Customers will be notified in such cases, and any payments made will be refunded in accordance with our Refund Policy.
  5. No Guarantee of Availability: Product availability is subject to seasonal factors, climatic conditions, supply chain disruptions, and other circumstances beyond the control of Tucci Fresh. We do not guarantee uninterrupted availability of all listed products at all times, and certain items may be discontinued, limited in quantity, or substituted with equivalent alternatives where feasible.
  6. Customer Acknowledgment: By placing an order, you acknowledge that you have understood and accepted the inherent natural variations, limited shelf life, and availability constraints associated with organic produce.
5. Health, Allergy & Consumption Disclaimer
  1. General Information Only: All nutritional values, health benefits, dietary claims, and usage suggestions provided on the Tucci Fresh Platform are for general informational purposes only. They are not intended as a substitute for professional medical, dietary, or nutritional advice. Customers should always seek guidance from a qualified healthcare provider or nutritionist for individual dietary needs and health concerns.
  2. Allergen Information: Organic produce and related products may naturally contain or come in contact with common allergens such as nuts, seeds, soy, gluten, or others during farming, storage, handling, or packaging. While Tucci Fresh takes reasonable precautions to minimize cross-contact, we do not guarantee that any product is completely free from allergens. Customers with known allergies or sensitivities are advised to exercise caution before consumption.
  3. Individual Health Conditions: Tucci Fresh products are not intended to diagnose, treat, cure, or prevent any disease. Customers with specific medical conditions (e.g., diabetes, hypertension, food intolerances, or immune-related disorders) must consult their healthcare professional before consuming any product purchased from us.
  4. Natural Variations: As our products are organically grown and minimally processed, natural variations in texture, color, taste, size, and freshness may occur. Such variations are a natural characteristic of organic farming and do not indicate any defect, contamination, or non-conformity of the product.
  5. Perishable Nature of Produce: Organic fruits, vegetables, and other fresh produce have a limited shelf life and may deteriorate quickly if not stored appropriately. It is the responsibility of the customer to refrigerate, preserve, or consume products within the recommended time. Tucci Fresh shall not be liable for any health issues, spoilage, or loss arising from improper storage, delayed consumption, or mishandling of products after delivery.
  6. Pregnant & Nursing Women, Minors, Elderly: Certain products may not be suitable for pregnant women, nursing mothers, minors, or elderly individuals without medical supervision. Customers in such categories are strongly advised to seek professional advice before consumption.
  7. Customer Acknowledgment: By purchasing and consuming Tucci Fresh products, customers acknowledge that they are doing so at their own discretion and risk, and agree that Tucci Fresh shall not be held liable for any adverse reactions, health impacts, or consequences resulting from consumption, misuse, or overconsumption of the products.
6. Survival

This Disclaimer shall survive any termination or cessation of your use of the Platform or Services.