City Dart — Terms of Use (Customer)
Effective Date: August 22, 2025
Entity: CityDart.com ("City Dart," "we," "our," or "us")
Contact: support@citydart.com
Quick Summary
(Not a substitute for the full terms)
City Dart connects you with local, independent merchants. You place an order, and a merchant (or a delivery partner) fulfills it. Prices, fees, and taxes are shown at checkout. Some items may be substituted per your preferences. You agree to receive needed service messages (and optional marketing if you opt in). Disputes are resolved by binding arbitration with a class‑action waiver unless you opt out within 30 days. Read the full terms below.
Acceptance of these Terms
By creating an account, placing an order, or using City Dart's websites, apps, or services (collectively, the "Services"), you agree to these Terms of Use and our Privacy Policy (together, the "Agreements"). If you do not agree, do not use the Services.
These Terms are for customers/shoppers. If you sell through City Dart, our Merchant Terms and Pricing & Fee Schedule apply instead (and are incorporated there by reference).
Who We Are & Our Role (Marketplace)
City Dart is a marketplace and logistics platform that enables purchases from independent third‑party merchants ("Merchants"). Unless we expressly say otherwise, City Dart is not the seller of record and does not manufacture, prepare, package, or warrant products. The contract of sale is between you and the Merchant. City Dart may provide order processing, payment, customer support, and delivery or pickup facilitation, including through independent delivery partners ("Delivery Partners").
Eligibility & Accounts
You must be at least 18 (or the age of majority where you live) to create an account or place orders for age‑restricted items. Keep your credentials confidential and update your information so it remains accurate. You are responsible for activity under your account. We may refuse, suspend, or close accounts at our discretion (e.g., suspected fraud, abuse, or policy violations).
Dispute Resolution; Binding Arbitration; Class‑Action Waiver
PLEASE READ THIS SECTION CAREFULLY. It affects your rights.
Arbitration
You and City Dart agree to resolve any disputes or claims arising out of or relating to these Terms or the Services through binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may bring an individual claim in small‑claims court or seek injunctive relief in a court of competent jurisdiction to protect intellectual property or prevent unauthorized access or use of the Services.
Class‑action waiver
You and City Dart agree that class actions and class arbitrations are not permitted. The arbitrator may award relief only for the individual party and only to the extent necessary to provide relief warranted by that party's individual claim.
Opt‑out
You may opt out of arbitration by emailing legal@citydart.com within 30 days of creating your account, stating your name, the email tied to your account, and your request to opt out of the arbitration agreement. Opting out does not affect other provisions of these Terms.
4) Service Availability; Changes
The Services, features, and Merchants available vary by location and time. We may update, suspend, or discontinue any part of the Services without notice. We may also modify these Terms as described in Section 22.
5) Ordering; Contract with Merchants
Placing an order is an offer to buy products from the Merchant. The Merchant accepts when it confirms or begins fulfilling the order. City Dart is not obligated to honor an order that a Merchant cannot fulfill (e.g., out‑of‑stock). We may cancel all or part of an order or issue a refund if an item is unavailable, mislabeled, recalled, unsafe, or cannot legally be delivered.
6) Pricing, Fees, Taxes, and Tips
Prices:
Item prices are set by each Merchant and may differ from in‑store prices. Prices and availability can change until your order is confirmed.
Fees:
Customer‑facing fees (e.g., delivery, service, small‑order, or busy‑time fees) may apply and will be disclosed at checkout. City Dart may also collect a tip for Delivery Partners. Fees and tips are not refundable unless we say so or the law requires it.
Taxes:
Applicable taxes are calculated based on the delivery or pickup location and item type. Merchants are responsible for tax classification; City Dart calculates and collects taxes on their behalf when applicable.
7) Payment & Billing: Authorization for charges, refunds, and payment updates
8) Delivery & Pickup: Estimated windows, safe delivery locations, risk transfer
9) Substitutions: Merchant may substitute items based on your preferences
10) Returns & Refunds: Policies vary by merchant and item type
11) Age-Restricted Items: ID verification required for alcohol, tobacco
12) Memberships: Optional programs with auto-renewal
13) Communications: Service messages and optional marketing
14) User Content: Reviews and ratings you submit
15) Acceptable Use: Prohibited activities and behaviors
16) Ownership: Our intellectual property rights
17) App Store Terms: Additional terms for mobile apps
18) Third-Party Services: External links and integrations
19) Suspension: We may terminate access for violations
20) Disclaimers: Services provided "as is"
21) Liability Limits: Maximum liability of $100 or 12 months of payments
23) Governing Law
Florida law governs these Terms, with venue in Brevard County, Florida
24) Changes to Terms
We may update terms with notice; continued use means acceptance
25) Electronic Communications
Consent to receive agreements and notices electronically
26) Intellectual Property
DMCA procedures for copyright infringement claims
27) Privacy
Refer to our Privacy Policy for data practices
28) Miscellaneous
Entire agreement, assignment, severability provisions
29) Contact Us
City Dart Support: support@citydart.com
Definitions
Delivery Partner: An independent contractor or service that picks up and delivers orders.
Merchant: A third‑party seller offering items through the Services.
Services: City Dart's websites, apps, and related products and services.
User Content: Content submitted by users, including reviews and ratings.
Ready to Shop Local?
By agreeing to these terms, you're joining a platform that connects you with amazing local merchants and helps support your community.
Note: These Terms are provided for general informational purposes and a starting point only and do not constitute legal advice. Laws vary by jurisdiction. Consider consulting counsel to tailor these Terms for your specific operations (e.g., alcohol delivery, membership programs, local fee caps, EBT/SNAP, or special categories of goods).