1. Acceptance of Terms
By using Nearby Delivery ("the Service"), you agree to these Terms of Service. If you do not agree, please do not use the Service.
2. The Service
Nearby Delivery provides same-day delivery of beverages and snacks within South Orange County, California. Orders are subject to delivery zone availability and operating hours.
3. Eligibility
You must be 18 years or older to use the Service. By creating an account, you confirm you meet this requirement. We do not sell alcohol and do not require age verification.
4. Orders and Payment
- Prices are in USD and include applicable taxes
- Payment is processed securely by Stripe
- Orders are confirmed upon successful payment, not at time of cart creation
- We reserve the right to cancel orders we are unable to fulfill, with a full refund
- Minimum order values and delivery fees apply as displayed at checkout
5. Delivery
- Delivery is available only within our designated zone in South Orange County
- Delivery windows are estimates, not guarantees
- Someone must be available to receive the order; if undeliverable, we will attempt to contact you
- Gated community access: you are responsible for providing accurate gate codes or access instructions
6. Cancellations and Refunds
- You may cancel an order any time before it is "Out for delivery" for a full refund
- Once out for delivery, orders cannot be cancelled
- Refunds are processed to your original payment method within 3–5 business days
- If we cancel your order for any reason, you will receive a full refund
7. Product Availability
Product availability is subject to change. If an item in your order is out of stock, we may remove it and issue a partial refund. You will be notified by email when this occurs.
8. Account Responsibility
You are responsible for maintaining the security of your account. Do not share your one-time login codes with anyone. Contact us immediately if you suspect unauthorized access.
9. Promotions and Free Delivery
From time to time, Nearby Delivery may offer promotional benefits such as free delivery on a first order. Unless otherwise stated, the following conditions apply to all such promotions:
- First-order free delivery — Free delivery is available once per delivery address. It applies to the first qualifying order placed to a given address, regardless of which account places the order. Creating or using multiple accounts to claim this benefit more than once at the same delivery address is not permitted.
- Promotions have no cash value and cannot be combined unless explicitly stated
- Promotions apply to the delivery fee only and do not reduce the order subtotal or applicable taxes
- We reserve the right to revoke promotional benefits, cancel orders, or suspend accounts if we detect misuse or circumvention of promotion eligibility rules
- Promotions may be modified or discontinued at any time without prior notice
10. Prohibited Uses
You agree not to:
- Use the Service for any unlawful purpose
- Place fraudulent orders or engage in chargebacks for delivered orders
- Attempt to circumvent pricing, delivery zones, or order limits
- Create multiple accounts to abuse promotions, credits, or referral programs
- Abuse the refund or credits system
11. SMS Communications
By providing your phone number and creating an account, you consent to receive transactional SMS messages from Nearby Delivery regarding your orders. This program is called Nearby Delivery Order Notifications.
- Messages are sent only to notify you about orders you have placed (e.g. confirmation, status updates, delivery alerts)
- No marketing or promotional messages are sent via SMS
- Message frequency depends on order activity — typically 2–4 messages per order
- Msg & data rates may apply
- To stop receiving SMS messages, reply STOP to any message. You will receive a confirmation and no further messages will be sent.
- To resume SMS messages after opting out, reply START
- For help, reply HELP or contact us at hello@nearby.delivery
12. Limitation of Liability
Nearby Delivery is not liable for indirect, incidental, or consequential damages. Our total liability for any claim related to the Service shall not exceed the amount you paid for the relevant order.
13. Changes to Terms
We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new Terms.
14. Governing Law
These Terms are governed by the laws of the State of California. Disputes shall be resolved in courts located in Orange County, California.
15. Contact
Questions about these Terms? hello@nearby.delivery