Terms and Conditions – BIG CITY BIRD

Last Updated: September 9, 2026

Welcome to Big City Bird. These Terms and Conditions (“Terms”) govern your use of the Big City Bird website, online ordering services, and food delivery services (collectively, the “Services”).

By accessing our website, placing an order, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

1. About Big City Bird

Big City Bird provides online food ordering and delivery services in New York City and surrounding service areas.

Our website allows customers to browse available menu items, place food orders, make payments, and receive orders at a designated delivery address.

Our contact information is:

Big City Bird
50 N, DuPont Highway,
Building 1, Unit 11
Dover, DE 19901

2. Eligibility

You must be at least 18 years old, or the applicable age of majority in your jurisdiction, to place an order through our Services.

By using our Services, you represent that the information you provide is accurate and that you have the legal capacity to enter into these Terms.

3. Orders

When you place an order through our website, you are making a request to purchase the selected food and other products at the prices displayed at the time of purchase.

An order is not considered accepted until you receive an order confirmation from us.

We reserve the right to refuse, cancel, or modify an order when reasonably necessary, including in circumstances involving:

Product availability;
Incorrect or incomplete order information;
Pricing or website errors;
Payment problems;
Delivery-area limitations;
Operational or delivery issues; or
Suspected fraudulent or unauthorized activity.

If we cancel an order after payment has been processed, we will provide an appropriate refund to the original payment method, subject to applicable law.

4. Menu Items and Product Availability

We make reasonable efforts to ensure that menu descriptions, photographs, prices, ingredients, and other information displayed on our website are accurate.

However, menu items may vary from photographs, and ingredients or preparation methods may change without notice.

All menu items are subject to availability. If an ordered item becomes unavailable, we may contact you regarding a suitable replacement or refund.

5. Prices, Taxes, Fees and Tips

Prices displayed on our website are stated in U.S. dollars unless otherwise indicated.

Applicable sales taxes, delivery fees, service fees, and other charges will be displayed during the checkout process where applicable.

The total amount charged to you will be shown before you complete your order.

Tips, if available, are optional unless otherwise expressly required by applicable law. Any tip amount selected by you will be added to your order total.

6. Delivery

We currently provide delivery within selected areas of New York City and other areas shown as available during checkout.

Delivery times are estimates and are not guaranteed unless expressly stated otherwise.

Delivery times may be affected by:

Traffic and road conditions;
Weather;
High order volume;
Restaurant preparation times;
Delivery partner availability;
Incorrect or incomplete delivery information; or
Other circumstances outside our reasonable control.

You are responsible for providing a complete and accurate delivery address, including apartment, unit, building, floor, access instructions, and any other information reasonably necessary to complete the delivery.

If the courier cannot safely or reasonably complete the delivery because the information provided is incorrect or because no one is available to receive the order when required, additional delivery charges or cancellation may apply where permitted by law.

7. Contactless Delivery

Where contactless delivery is selected or available, the order may be left at the designated delivery location.

You are responsible for providing a safe and appropriate delivery location.

Once an order has been delivered to the designated location, Big City Bird is not responsible for loss, theft, or damage caused by circumstances outside our reasonable control.

8. Food Safety

Food should be consumed promptly after delivery and handled appropriately.

Customers are responsible for following any storage, reheating, and food-safety instructions provided with their order.

Because food products may contain or come into contact with common allergens, customers with food allergies or dietary restrictions should contact us before placing an order.

Although we may provide ingredient or allergen information when available, we cannot guarantee that any food item is completely free from a particular allergen or from cross-contact with allergens.

9. Cancellations and Changes to Orders

Because food orders may be prepared shortly after they are placed, cancellation or modification may not be possible once preparation has begun.

If you need to cancel or modify an order, please contact us as soon as possible at +1 718-904-4450.

We will make reasonable efforts to accommodate cancellation or modification requests, but we cannot guarantee that such requests can be fulfilled after an order has been accepted or prepared.

Any refunds will be handled in accordance with our applicable refund policy and applicable law.

10. Refunds and Order Issues

If your order is incorrect, missing items, damaged, or otherwise materially different from what you ordered, please contact us as soon as reasonably possible after delivery.

When reporting an issue, we may request information such as:

Your order number;
The items affected;
A description of the problem; and
Photographs or other reasonable evidence.

Depending on the circumstances, we may provide a replacement, credit, partial refund, or full refund.

Refund decisions will be made reasonably and in accordance with applicable law.

11. Payment

We accept the payment methods displayed on our website at checkout.

By submitting payment information, you represent that you are authorized to use the payment method provided.

You authorize us or our authorized payment processor to charge the applicable order total, including applicable taxes, fees, and any other charges disclosed during checkout.

We do not knowingly retain complete payment-card information except as permitted or required by applicable law and our payment-processing arrangements.

12. Accounts

Certain features of our website may require you to create an account.

You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account.

You agree to provide accurate and current information and to notify us promptly if you believe your account has been accessed without authorization.

We reserve the right to suspend or terminate accounts involved in fraudulent, abusive, unlawful, or otherwise prohibited activity.

13. Prohibited Use

You agree not to:

Use the Services for unlawful purposes;
Provide false or misleading information;
Attempt to interfere with or disrupt the website;
Circumvent security or authentication measures;
Access another customer’s account;
Use automated systems to scrape or collect website content without authorization;
Attempt to obtain products or services through fraudulent means; or
Use the Services in a manner that violates applicable federal, state, or local law.

14. Website Content and Intellectual Property

All content appearing on the Big City Bird website, including text, logos, graphics, photographs, product descriptions, design elements, and software, is owned by or licensed to Big City Bird unless otherwise indicated.

You may use the website and its content solely for your personal, non-commercial use in connection with ordering products from Big City Bird.

You may not copy, reproduce, distribute, modify, publish, sell, or commercially exploit website content without our prior written permission.

15. Third-Party Services

Our website may use third-party services for payment processing, delivery, analytics, communications, hosting, or other operational purposes.

Your use of third-party services may also be subject to the terms and privacy policies of those providers.

We are not responsible for the independent acts, omissions, policies, or practices of third-party service providers to the extent permitted by applicable law.

16. Customer Information and Privacy

When you use our Services, we may collect information necessary to process and fulfill your order, communicate with you, provide customer support, process payments, and operate our website.

Information may include your name, telephone number, email address, delivery address, order information, and other information you provide to us.

Our collection and use of personal information are described in our Privacy Policy.

Where applicable under New York City law, customers may have rights concerning the sharing and use of certain customer information in connection with food delivery services.

You may contact us if you have questions regarding your personal information or applicable privacy choices.

17. Promotions and Discounts

From time to time, Big City Bird may offer promotional codes, discounts, free delivery offers, or other promotions.

Promotions may be subject to additional terms, minimum purchase requirements, expiration dates, geographic restrictions, or other conditions.

Unless expressly stated otherwise, promotions cannot be combined and have no cash value.

We reserve the right to modify or discontinue a promotion at any time to the extent permitted by law.

18. Errors and Corrections

We make reasonable efforts to keep our website accurate and up to date.

However, the website may occasionally contain typographical errors, inaccurate information, technical errors, or outdated information, including errors involving product descriptions, prices, availability, or promotions.

We reserve the right to correct errors and to cancel or adjust affected orders where permitted by applicable law.

19. Disclaimer

To the fullest extent permitted by applicable law, the Services are provided on an “as available” basis.

We do not guarantee that the website or Services will always be available, uninterrupted, secure, or error-free.

We do not guarantee that delivery will occur at a particular time unless a specific delivery time has been expressly confirmed.

Nothing in these Terms is intended to exclude or limit any consumer rights or legal protections that cannot lawfully be excluded or limited.

20. Limitation of Liability

To the fullest extent permitted by applicable law, Big City Bird will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or relating to your use of the Services, except where such limitation is prohibited by law.

Nothing in these Terms limits liability for fraud, intentional misconduct, gross negligence, or any other liability that cannot legally be limited or excluded.

21. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Big City Bird and its owners, employees, contractors, and service providers from claims, liabilities, damages, losses, and expenses arising out of your unlawful use of the Services, violation of these Terms, or intentional misuse of the website.

22. Force Majeure

We are not responsible for delays, interruptions, or failures caused by circumstances beyond our reasonable control, including severe weather, natural disasters, traffic conditions, government actions, labor disruptions, utility failures, technical failures, public emergencies, or other unforeseen events.

23. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Services will be handled in accordance with applicable New York law and in a court of competent jurisdiction.

Nothing in this section limits any rights or remedies that consumers may have under applicable federal, New York State, or New York City law.

24. Changes to These Terms

We may update these Terms from time to time.

When we make changes, we will update the “Last Updated” date at the top of this page.

Your continued use of the Services after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.

25. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be modified or removed only to the extent necessary, and the remaining provisions will continue in full force and effect.

26. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any other policies expressly incorporated into these Terms, constitute the agreement between you and Big City Bird regarding your use of the Services.

27. Contact Us

If you have questions, concerns, or requests regarding these Terms, your order, or our Services, please contact us: