Terms of service


Terms and Conditions

Last Updated: December 16, 2025

Welcome to Nia Fresh Market ("Nia," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, mobile experiences, ordering platform, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services.

1. About Nia Fresh Market

Nia Fresh Market is a community-driven food marketplace operating across multiple U.S. states that enables customers to order groceries, food bundles, and related products online for pickup at designated locations or delivery, where available. We partner with suppliers, distributors, SNAP/EBT and logistics providers to fulfill orders.

2. Eligibility and Account Responsibility

  • You must be at least 18 years old to place an order.
  • You agree to provide accurate, current, and complete information when creating an account or placing an order.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3. Ordering, Pricing, and Availability

Product Availability

  • Product availability may vary based on seasonality, supplier inventory, and fulfillment location.
  • We reserve the right to substitute comparable items of equal or greater value when necessary. If substitution is not acceptable, you may opt out during checkout.
  • We do not warrant that product descriptions, photographs, or pricing are accurate, complete, or current. While we strive for accuracy, products may vary from the images shown, and reliance on photographs is at the user's risk.

Pricing

  • Prices are listed in U.S. dollars and are subject to change without notice.
  • Taxes, service fees, delivery fees, or pickup fees may apply and will be disclosed at checkout.
  • Promotional pricing, community deals, and bulk pricing may be limited in quantity or duration.

Order Acceptance

  • Your order is considered accepted and a contract for sale is formed once you receive an order confirmation.
  • We reserve the right to cancel or limit orders at any time prior to fulfillment at our he consumption of products purchased through the Services.

4. Food Safety and Handling Disclaimer

  • Nia Fresh Market follows commercially reasonable food safety practices and partners with suppliers and fulfillment providers that comply with applicable federal, state, and local food safety regulations.
  • Once an order is delivered or picked up, responsibility for proper food handling, storage, and preparation transfers entirely to the customer.
  • We are not responsible for food spoilage due to failure to refrigerate, improper storage, delayed pickup, or mishandling after transfer.
  • Customers with food allergies or dietary restrictions are responsible for reviewing ingredient information and labeling. We do not guarantee an allergen-free environment, and we expressly disclaim any liability for any allergic reaction or illness resulting from the consumption of products purchased through the Services.

5. Delivery and Pickup Terms

Delivery

  • Delivery times are estimates and not guaranteed.
  • Delivery availability may vary by location, weather, and logistics constraints.
  • Risk of loss transfers to you upon delivery to the address provided, regardless of whether you are present or able to secure the order immediately. This includes loss, theft, or spoilage.

Pickup

  • Customers must pick up orders during the designated pickup window.
  • Failure to pick up an order within the stated window will result in forfeiture of the order without refund due to food safety requirements, unless a prior arrangement has been confirmed by our customer service team.
  • Customers may be required to present identification or order confirmation at pickup.

6. Cancellations, Refunds, and Credits

  • Due to the perishable nature of food, all sales are generally final once an order has entered fulfillment.
  • Refunds or credits may be issued at our discretion for:
    • Missing or incorrect items.
    • Damaged or spoiled goods reported within the required timeframe.
  • Issues must be reported within 24 hours of delivery or pickup with supporting details (e.g., photos).
  • Approved refunds may be issued as credits, original form of payment, or replacement items.
  • SNAP/EBT purchases are subject to federal and state regulations and may be refunded only in compliance with applicable program rules.

7. Community Features, Testimonials, and User Content

If you engage with community features (reviews, testimonials, referrals, promotions, photos, or written feedback):

  • You represent that the content you submit is truthful, accurate, and reflects your genuine experience.
  • You grant Nia Fresh Market a perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, display, and distribute such content for marketing, promotional, and operational purposes, in any media now known or hereafter devised, including on our website, social media, and advertising materials.
  • We may edit content for clarity or length but will not materially alter its meaning.
  • We reserve the right to remove content or suspend accounts that violate these Terms.

8. Health, Nutrition, and Wellness Disclaimer

  • Any nutritional, health, or wellness information provided through the Services is for informational purposes only and is not medical advice.
  • You should consult a qualified professional regarding dietary, allergy, or health-related decisions.

9. Third-Party Services and Partners

  • Our Services may rely on or link to third-party platforms, payment processors, delivery partners, SNAP/EBT processors, or technology providers.
  • We are not responsible for third-party services, policies, outages, or failures beyond our reasonable control.
  • Use of third-party services may be subject to additional terms and conditions imposed by those providers.

10. Intellectual Property

  • All content on the Services, including text, graphics, logos, designs, and software, is owned by or licensed to Nia Fresh Market.
  • You may not copy, distribute, modify, or exploit any content without prior written consent.

11. Disclaimer of Warranties

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, NIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • NIA FRESH MARKET SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.
  • OUR TOTAL LIABILITY ARISING FROM ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE ORDER GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Nia Fresh Market, its officers, employees, partners, and affiliates from any claims, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of:

  • Your use of the Services.
  • Your violation of these Terms.
  • Your improper handling or consumption of food products.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in the [Insert Specific County/City] County, State of Delaware, unless otherwise required by law or resolved through mandatory arbitration.

15. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

A. Agreement to Arbitrate:

You and Nia Fresh Market agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services or products ("Disputes") shall be settled by binding, individual arbitration instead of in court. This agreement to arbitrate is intended to be broadly interpreted.

B. Exceptions to Arbitration:

Notwithstanding the above, either party may bring an individual action in small claims court if the action is within that court's jurisdiction and proceeds on an individual basis.

C. Arbitration Procedures:

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Arbitration Agreement. The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

D. WAIVER OF CLASS ACTION AND JURY TRIAL:

You and Nia Fresh Market agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You acknowledge that, by agreeing to these Terms, you and Nia Fresh Market are each waiving the right to a trial by jury or to participate in a class action.

16. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Continued use of the Services constitutes acceptance of the revised Terms.

17. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. Please review it here:

Privacy Policy: Link

18. Contact Information

For questions or concerns regarding these Terms, please contact:

Nia Fresh Market
Email: support@niafreshmarket.com
Website: niafreshmarket.com