Terms of Service

Food Store Direct LLC (“FSD,” “we,” “us,” “our”) is a multi-vendor online marketplace headquartered in Omaha, Nebraska. We connect consumers with independent American food producers (“Producers”). We are not the manufacturer, processor, or shipper of the products sold on our platform.

Each Producer is an independent business responsible for the quality, safety, handling, packaging, labeling, and shipment of their own products. FSD facilitates the transaction and provides the technology platform, but does not take physical possession of the products at any point.

• All prices are listed in US Dollars and include the product price only. Shipping costs are calculated separately at checkout based on weight, destination, and producer location.
• Payment is processed securely through our third-party payment processor (Stripe). FSD does not store your full credit card information.
• An order confirmation does not guarantee product availability. In rare cases, a product may become unavailable after your order is placed. If so, you will be notified and issued a full refund for that item.
• You must be at least 18 years of age to place an order.

• Products ship directly from the Producer's facility to your address. Different producers may ship on different days of the week.
• Perishable items (frozen meat, seafood, etc.) are shipped in foil-lined insulated packaging with ice packs via expedited carriers (typically UPS 2-3 Day Select or equivalent). Producers ship perishable orders on designated ship days (usually Monday or Tuesday) to avoid weekend transit.
• Estimated delivery dates are estimates only and are not guaranteed by FSD. Transit delays caused by weather, carrier issues, or other circumstances beyond our control do not constitute a breach of these terms.
• It is your responsibility to provide an accurate shipping address and to be available to receive perishable shipments promptly upon delivery. If a perishable package sits on a doorstep for an extended period after delivery, FSD and the Producer are not responsible for product condition.
• We currently ship to all 50 United States. Certain perishable products may be restricted to the 48 contiguous states depending on transit times.

• Inspection upon delivery. You agree to inspect all perishable products immediately upon delivery. Check for signs of thawing, damage to packaging, absence of ice packs, and any unusual odor or appearance.
• Do not consume compromised food. If a perishable product appears to have thawed, is warm to the touch, has damaged or punctured packaging, or shows any signs of spoilage, DO NOT consume the product. Dispose of it safely. FSD and its Producers are not liable for any illness, injury, or damages resulting from the consumption of food that arrived in a visibly compromised condition.
• Assumption of risk. If you choose to consume a product that shows signs of temperature abuse, thawing, or damage, you do so entirely at your own risk. FSD, its Producers, officers, employees, and affiliates shall not be held liable for any health consequences resulting from such consumption.
• Photo documentation. To file any claim regarding product condition, you must provide photographic evidence of the product and packaging at the time of delivery. Claims without photos cannot be processed.
• Timely claims. All claims regarding perishable product condition must be submitted within 48 hours of delivery to support@foodstoredirect.com. Claims submitted after 48 hours may not be eligible for resolution.

Perishable Products:

• If your perishable order arrives in a compromised condition (thawed, warm, damaged packaging) AND was delivered within the carrier's guaranteed delivery window, you may be eligible for a replacement or refund at our discretion.
• To qualify, you must: (a) not have consumed the product, (b) submit your claim with photos within 48 hours of delivery, and (c) provide tracking information showing delivery occurred within the guaranteed transit window.
• If tracking shows the package was delivered on time and within the expected transit window, we will investigate with the carrier and/or the Producer. If the carrier is at fault, we will file an insurance claim through our shipping partner (Shippo) and issue you a replacement or refund once the claim is resolved.
• If tracking shows the package was delayed beyond the guaranteed transit window due to carrier error, and the product arrived in poor condition as a result, you are eligible for a full refund or replacement.
• Refunds or replacements are not available in the following circumstances:
  • You provided an incorrect or incomplete shipping address.
  • The package was delivered but not retrieved promptly (e.g., left on doorstep in heat for hours).
  • You placed an order too late in the week for the Producer's next ship day, resulting in delayed shipment that you were informed of at checkout.
  • You refused the delivery.
  • The product was consumed despite visible signs of compromise.
  • You failed to submit a claim with photos within 48 hours of delivery.

Non-Perishable Products:

• Non-perishable items (hot sauce, honey, coffee, seasonings, etc.) may be returned if they arrive damaged or defective. Contact us within 14 days of delivery with photos of the damage.
• We do not accept returns for non-perishable items due to change of mind, taste preference, or buyer's remorse. All sales of non-perishable goods in acceptable condition are final.

Refund Processing:

• Approved refunds are issued to the original payment method within 5–10 business days.
• Replacements are subject to product availability and may ship on the Producer's next available ship day.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOOD STORE DIRECT LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Illness, injury, or health consequences resulting from the consumption of any product purchased through our platform, whether or not the product arrived in a compromised condition.
• Damages resulting from carrier delays, weather events, natural disasters, or other circumstances beyond our reasonable control.
• Lost profits, lost data, or business interruption.
• Any damages exceeding the total purchase price of the specific order in question.

FSD acts as a marketplace facilitator. The Producers are independent third parties, and FSD does not warrant or guarantee the safety, quality, legality, or fitness for consumption of any product listed on the platform. All products are sold “as-is” from the Producer, subject to the Producer's own quality standards and any applicable USDA regulations.

You agree that your sole and exclusive remedy for any product issue is limited to a replacement or refund as described in Section 5 above, subject to the conditions stated therein.

FSD does not process, handle, store, or ship any food products. All products are processed and shipped directly by the Producer. While we require that all meat and seafood producers operate in USDA-inspected facilities, FSD does not independently verify the ongoing safety or quality of every individual product or shipment.

You are responsible for proper storage and handling of all products upon receipt. Perishable products should be refrigerated or frozen immediately upon delivery according to the storage instructions provided by the Producer. FSD is not liable for product deterioration that occurs after delivery due to improper storage by the customer.

If you have food allergies or dietary restrictions, review the product descriptions and ingredient lists carefully before ordering. Contact the Producer directly or reach out to us at support@foodstoredirect.com with specific questions about ingredients, processing methods, or allergen exposure.

You agree to indemnify, defend, and hold harmless Food Store Direct LLC, its owners, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the platform or any product purchased through the platform.
• Your violation of these Terms of Service.
• Your consumption of any product, regardless of condition at delivery.
• Any claim that you or a third party suffered illness or injury from a product purchased on FSD.

Any dispute arising out of or relating to these Terms of Service or your use of Food Store Direct shall first be attempted to be resolved through good-faith negotiation by contacting us at support@foodstoredirect.com.

If a dispute cannot be resolved through negotiation within 30 days, it shall be resolved through binding arbitration administered in Douglas County, Nebraska, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

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

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must be at least 18 years old to use our services. Notify us immediately if you believe your account has been compromised.

All content on foodstoredirect.com, including but not limited to text, logos, images, graphics, and software, is the property of Food Store Direct LLC or its Producers and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.

We reserve the right to modify these Terms of Service at any time. Changes take effect when posted to this page. Your continued use of the platform after changes are posted constitutes acceptance of the modified terms. We encourage you to review this page periodically.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Food Store Direct LLC
Omaha, Nebraska
support@foodstoredirect.com
(402) 263-0200