Terms of service

These Terms of Service govern your use of durigold.com and your purchase of products from Durigold ("we", "us"). By placing an order you agree to them. Please read them together with our Shipping Policy and our Refund Policy, which form part of these terms.

Who can order

You must be at least 18 years old and able to enter into a contract to order from us, and you must give us a delivery address in the 50 United States.

Our products

We sell whole Musang King and Ri6 durian. It arrives frozen and should go into your freezer on the day it is delivered. Fruit is a natural product: size, weight, colour, texture and flavour vary from fruit to fruit and from season to season. Stated weights are typical ranges, not guarantees for any individual fruit, and photographs on this site are representative of the product rather than of the specific fruit you will receive.

Orders and pricing

All prices are in US dollars. Your order is an offer to buy; the contract is formed when we accept it and dispatch your fruit. We may change prices, and we may correct errors in pricing or product information, at any time before we accept your order. If we cannot accept an order, because fruit is unavailable, because we find a pricing error, or for any other reason, we will tell you and refund you in full.

We may limit, decline or cancel any order, including orders that appear to be placed for resale. Wholesale enquiries are welcome at wholesale@durigold.com.

Payment

Payment is taken at checkout through Shopify's payment processing. You confirm that you are authorised to use the payment method you provide. We do not store your card details.

Delivery and risk

We dispatch Monday through Thursday and ship overnight, packed cold. Orders placed before 12 PM Pacific on a dispatch day ship that day; later orders ship on the next dispatch day. The details are in our Shipping Policy. Because our product is perishable, please read it before you order. Title and risk of loss pass to you on delivery, subject to the guarantee below.

Our 30-day guarantee

If your fruit arrives damaged or spoiled, our Refund Policy covers it: send us photos within 30 days of delivery and we will replace the fruit or refund you, depending on the case. Because durian is perishable, we do not accept physical returns.

Food safety and allergies

Our product is whole unprocessed fruit with a sharp thorned shell. Please handle and open it with care. It arrives frozen, and once your box is delivered it is your responsibility to put it in the freezer that day, to thaw it properly, to eat it within a day or two once it has softened, and not to refreeze it. Please satisfy yourself that it is suitable for you and for anyone you serve it to. Nothing on this site is medical or dietary advice.

Your account

If you create an account, you are responsible for keeping your login details secure and for anything done through your account. Tell us straight away if you think someone else is using it.

Reviews and photos you send us

Photographs you send with a guarantee claim are used to assess and settle that claim.

If you post a review, a comment or a photograph publicly on our site or send it to us for that purpose, you give us a non-exclusive, royalty-free licence to display and reuse it in connection with our business, including in marketing, and you confirm that it is yours to give. We may decline to publish, or remove, anything that is unlawful, misleading or abusive.

Our content

The text, photographs, design and branding on this site belong to Durigold or our licensors. You may not copy, republish or reuse them commercially without our permission.

Using this site

Please do not attempt to interfere with the site, access it by automated means for scraping or resale purposes, or use it for anything unlawful.

Other companies' services

Parts of your order depend on companies we do not control: payment processors, delivery carriers and the platform this store runs on. We choose them carefully, but their own terms apply to what they do, and links from this site to other sites are not an endorsement of them.

Disclaimer

Other than the guarantee we give above and any rights you have as a consumer that cannot be excluded, this site and everything on it are provided as they are, without further warranties of any kind.

Limitation of liability

To the fullest extent permitted by law, our total liability arising out of or relating to your order is limited to the amount you paid for that order, and we are not liable for indirect or consequential loss. Nothing in these terms limits any liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, for fraud, or your rights as a consumer under applicable law.

Indemnity

You agree to cover us for claims and costs arising from your misuse of this site or your breach of these terms.

Changes

We may update these terms. The version published on this page when you place an order is the version that applies to that order.

Governing law

These terms are governed by the laws of the State of California, United States, without regard to its conflict of law rules, and the courts of that state will hear any dispute arising from them.

If part of these terms cannot be enforced

If any part of these terms is found unenforceable, the rest continues to apply. These terms, together with the policies linked in them, are the whole agreement between us about your order.

Contact

Email corporate@durigold.com, or call or text (949) 903-5005, with any question about these terms and a person will answer. For a guarantee claim, email is best so that your photos and order number stay together in one written record.