Terms and Conditions

Please review these Terms of Use prior to using the Fresh Start Foods website for online home delivery (the “Site”) and associated services (the “Services”), as you are deemed to accept and be bound by these Terms of Use in accessing any of the Services. In addition, this Site is subject to the terms of FSF’s Privacy Policy.

Fresh Start Foods Canada Ltd. (“FSF”) reserves the right to change these Terms of Use, in whole or in part, at any time without notice. Accordingly, you should always review this page prior to accessing any of the Services in order to ensure that you have an understanding of the current terms of use under which you are permitted access to this website. Should you disagree in any manner with these Terms of Use, you are required to immediately discontinue your use of the Services. Please scroll through this screen, read the terms set out below carefully and print a copy for future reference.

Permitted Use
You are granted a personal right and permission to view, electronically copy and to print (in hard copy) your personal information and the material and content that is available on this Site, (the "Content”) for the sole purpose of tracking your orders and facilitating orders with FSF (the "Authorized Purposes"). You expressly acknowledge and agree that all Content, including without limitation pricing information, shall not be duplicated, downloaded, published, modified or otherwise distributed for any purpose other than the Authorized Purposes. You are agreeing to follow these Terms of Use and all applicable laws and regulations that may govern the Site.

When registering for an account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the website; and (c) all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware of. FSF shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.

Placing an Order
All product prices are in Canadian dollars. We reserve the right to change any advertised price before accepting an order. All products are subject to availability and may be withdrawn at any time. We reserve the right to replace any item with an item of comparable value. This is due to product quality and availability.
By completing the checkout and submitting an order through the Site, you are agreeing to pay, in full, the prices of the items selected and all applicable taxes. In order to complete an order, you may be required to provide certain additional information that is required to process your order. Your payment card information will be processed and stored by a certified third-party and used only as you authorize it.
If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment at any time. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
You will be sent an e-mail confirming receipt of your order. We reserve the right to decline any order. All orders are accepted subject to these Terms of Use.

Some product descriptions may have an associated image or photo. Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the site.

Cancellation or Modification of Orders
You may cancel your order or modify the order (including adding or removing products, changing quantities, or changing order delivery details) up until the cut off time as set out on the Site by emailing customer service at fsfeorders@freshstartfoods.com. No modifications will be accepted after the cut off time.

We currently deliver to Milton and Mississauga only, free of charge for orders of $125 and more. The date of your delivery is set out on the Site. Due to the nature of our delivery routes, it is not possible to request a delivery time. All of our orders are delivered in refrigerated trucks. Please make sure to include any special delivery instructions. Our driver will call you at the stop before you with an estimated time of arrival. We will deliver to the door specified, ring the bell and drop the box. Please make sure you are home to receive your delivery as there will be no second attempt to deliver.

We do not accept returns.
If there is a problem with your order, please email customer service at fsfeorders@freshstartfoods.com

Copyright and Trademarks
This Site, and all of the information contained on this Site, is protected by copyright and use not permitted pursuant to these Terms of Use is unauthorized. “Fresh Start Foods”, the freshstartfoods.com domain name, the logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress owned by FSF. You are prohibited from using any trademarked materials without the express prior written permission of FSF.

Warranty Disclaimer
FSF makes every effort to provide accurate information on the Site and in connection with the ordering function, but FSF does not promise that the Site will be error-free, accurate or uninterrupted, nor that the information will not be updated or modified as needed. The information provided on the Site is current only at the time that it is posted. Over time, this information may become out-of-date and no longer accurate. FSF cannot ensure that information and files you download from the site will be accurate or free of viruses or contamination or destructive features.

FSF disclaims all other warranties express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, whether arising by statute or otherwise in law or from a course of dealing or usage of trade. In no event will FSF or any related entities or individuals be liable to you for any direct, indirect, consequential, incidental, punitive, exemplary or special damages, including any lost profits or lost savings, or for any claim by any third party. FSF makes no guarantee of any specific result from use of the Site nor shall FSF be held responsible for the quality of any merchandise displayed on the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

Furthermore, FSF does not warrant, guarantee or make any representations whatsoever regarding the security of accounts, or that the Site is free from destructive materials including, but not limited to, computer viruses, hackers, or other technical sabotage. Further, FSF does not warrant, guarantee or make any representations that access to the Site will be fully accessible, current and/or accurate at all times, uninterrupted, or error-free. You acknowledge and accept that your use of the Site is at your sole and entire risk.

You agree to indemnify and hold FSF and its officers, directors, owners, affiliates, subsidiaries, parent, employees, agents, successors and assigns harmless from any loss, liability or expense of any nature (including reasonable attorneys fees) that result directly or indirectly from your use of the Site or from your failure to comply with these Terms. This provision shall survive the termination of your use of the Site and remain in full force and effect.

General Terms
By using the Site, you agree that these terms shall be governed by the laws in the Province of Ontario. Any action or suit in any way arising from or related to the use of the Site and these Terms of Use must be filed in a provincial or federal court of competent jurisdiction located within the Province of Ontario. If any provision of these Terms of Use is found void and unenforceable, it shall not affect the validity and enforceability of any other provision of these Terms. In addition, any provision which is deemed void or unenforceable shall be automatically amended in as minimal a manner as possible so as to make it valid and enforceable. FSF’s failure to insist upon or enforce strict performance of any of the terms contained herein shall not be construed as a waiver of any such term, right or obligation. FSF may terminate your use of the Site at any time based upon FSF’s sole discretion.