1. INTRODUCTION
Welcome to BakeBoxx ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website, www.bakeboxx.com, including any related mobile applications, platforms, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
2. ELIGIBILITY
2.1 Age Requirements
You must be at least 21 years of age to use our Service and purchase our products. By using our Service, you represent and warrant that you are at least 21 years old and that you will provide valid identification proving your age if requested.
2.2 Account Verification
We reserve the right to verify your identity and eligibility to use our Service. This may include requesting documentation to confirm your age, identity, and compliance with applicable laws.
2.3 Geographic Restrictions
Our products and services are only available to individuals residing in jurisdictions where the sale and distribution of our products are legal under both local and federal law. You are responsible for ensuring compliance with all applicable laws in your jurisdiction. We reserve the right to refuse or cancel orders based on geographic restrictions.
2.4 Age Verification Measures
Although we do not utilize third-party verification APIs, we implement multiple safeguards to prevent underage access. These include an age-confirmation modal on entry, age requirement notices in the footer and Terms of Service, and age affirmation requirements on the registration and checkout pages. By using our Service, you represent that you are at least 21 years old.
3. ACCOUNT REGISTRATION
3.1 Registration Process
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 Verification Period
New accounts are subject to a verification period during which access to certain features may be limited. We reserve the right to decline account applications at our sole discretion.
4. PRODUCTS AND SERVICES
4.1 Product Description
We offer a variety of hemp and hemp-derived products. While we strive to display as accurately as possible the colors, features, specifications, and details of the products available on our Service, we cannot guarantee that your computer's display or the quality of the print will accurately reflect the actual product.
4.2 Product Availability
All products are subject to availability. We reserve the right to discontinue any product at any time. We are not liable if a product is not available.
4.3 Product Compliance
All products offered through our Service are compliant with the federal regulations governing hemp as defined in the Agricultural Improvement Act of 2018 (the "2018 Farm Bill") and subsequent legislation. Products contain no more than 0.3% delta-9 THC on a dry weight basis, as required by federal law.
4.4 Certificate of Analysis
We provide Certificates of Analysis (COAs) for our products on their related product page. These certificates are from independent, third-party laboratories and verify the cannabinoid content and safety of our products.
4.5 Legal Compliance Disclaimer
BakeBoxx products are not evaluated by the U.S. Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease. All products sold comply with the Agricultural Improvement Act of 2018 (“2018 Farm Bill”) and contain less than 0.3% hemp-derived Delta-9 THC on a dry weight basis. It is your responsibility to ensure the legality of these products in your jurisdiction.
5. ORDERS AND PAYMENT
5.1 Order Placement
By placing an order through our Service, you are making an offer to purchase products. We reserve the right to accept or decline your offer at our sole discretion.
5.2 Payment Terms
Payment is required at the time of order placement. We accept various payment methods as specified on our Service. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method.
5.4 Price and Taxes
All prices displayed on our Service are in US dollars and are exclusive of taxes unless otherwise specified. You are responsible for paying all applicable taxes associated with your purchase.
5.5 Promotional Codes
We may offer promotional codes or discounts from time to time. These promotions are subject to specific terms and conditions, are non-transferable, and cannot be combined with other offers unless explicitly stated.
6. SHIPPING AND DELIVERY
6.1 Shipping Methods
We offer fast reliable shipping, the availability of which may depend on your location and the products ordered. Shipping costs will be calculated and displayed during checkout.
6.2 Delivery Timeframes
Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays beyond our control, including but not limited to carrier delays, weather events, or other force majeure events.
6.3 Risk of Loss
Risk of loss and title for products purchased from us pass to you upon our delivery to the carrier or, if applicable, to our designated pickup location.
6.4 Inspection of Products
You are responsible for inspecting products upon receipt. Any visible damage or discrepancies should be noted on the delivery receipt and reported to us within 48 hours of delivery.
7. RETURN AND REFUND POLICY
7.1 Return Eligibility
Returns are only accepted for products that are defective, damaged during shipping, or materially different from what was ordered. Returns must be initiated within 14 days of receipt.
7.2 Return Process
To initiate a return, you must contact our customer service department to obtain a Return Merchandise Authorization (RMA) number. Products returned without an RMA number will not be accepted.
7.3 Refund Processing
Approved refunds will be issued to the original payment method. Processing times for refunds vary depending on the payment method and may take up to 14 business days.
7.4 Return Shipping Costs
If a return is due to our error (e.g., you received an incorrect or defective item), we will cover the return shipping costs. Otherwise, return shipping costs are your responsibility.
8. INTELLECTUAL PROPERTY
8.1 Service Content
The Service and its original content, features, and functionality are and will remain the exclusive property of BakeBoxx and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
8.2 Trademarks
All trademarks, logos, service marks, and trade names displayed on the Service are registered or unregistered trademarks of BakeBoxx or third parties and may not be used without our prior written consent or the consent of their respective owners.
8.3 License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your legitimate business purposes.
8.4 Restrictions on Use
You may not:
- Modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to derive the source code of the Service or any part thereof;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Service;
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission;
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
9. USER CONTENT
9.1 User-Generated Content
Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through the Service.
9.2 License to User Content
By posting User Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such User Content in any manner.
9.3 Representations Regarding User Content
You represent and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all intellectual property and other proprietary rights in and to any User Content;
- The User Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
9.4 Content Removal
We reserve the right to remove any User Content from the Service at any time, without prior notice and at our sole discretion.
9.5 DMCA & Intellectual Property Infringement
If you believe that any User Content infringes upon your intellectual property rights, including copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) by contacting us at social@bakeboxx.com. Your notice should include:
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Your contact information,
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Identification of the copyrighted work claimed to have been infringed,
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Identification of the material that is claimed to be infringing,
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A statement that you have a good faith belief the use is unauthorized,
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A statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf,
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Your physical or electronic signature.
We reserve the right to remove any content that is alleged to be infringing and to suspend or terminate the accounts of repeat infringers.
10. PROHIBITED USES
10.1 General Prohibitions
You may not use the Service to:
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- Violate any applicable law, rule, or regulation;
- Exploit or harm minors in any way;
- Impersonate any person or entity or misrepresent your affiliation with a person or entity;
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service or any server, computer, or database connected to the Service;
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack;
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
10.2 Personal Use
Products purchased through our Service are intended for personal use only. Resale of our products is prohibited without our express written permission. You agree not to provide our products to minors or to individuals in jurisdictions where such products are illegal. If you are a business, please go to our wholesale website www.bakeboxxwholesale.com for better prices.
11. THIRD-PARTY WEBSITES AND CONTENT
11.1 Third-Party Links
The Service may contain links to third-party websites or services that are not owned or controlled by BakeBoxx. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
11.2 Third-Party Content
We are not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
12. DISCLAIMER OF WARRANTIES
12.1 Service Provided "As Is"
THE SERVICE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
12.2 Disclaimer of Specific Warranties
BAKEBOXX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING OR COURSE OF PERFORMANCE.
12.3 Accuracy of Information
BAKEBOXX DOES NOT WARRANT THAT THE SERVICE, ITS CONTENT, OR ANY PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE ACCURATE, RELIABLE, COMPLETE, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
13. LIMITATION OF LIABILITY
13.1 Exclusion of Certain Damages
IN NO EVENT WILL BAKEBOXX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
13.2 Cap on Liability
IN NO EVENT SHALL BAKEBOXX'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT PAID BY YOU FOR PRODUCTS PURCHASED THROUGH THE SERVICE DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
13.3 Applicability of Limitations
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR BAKEBOXX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless BakeBoxx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
15. TERMINATION
15.1 Termination by Us
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
15.2 Termination by You
You may terminate these Terms at any time by discontinuing use of the Service and closing your account.
15.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
17. GOVERNING LAW AND JURISDICTION
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Miami-Dade County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. DISPUTE RESOLUTION
18.1 Mandatory Arbitration
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Miami, Florida, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
18.2 Class Action Waiver
YOU AND BAKEBOXX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18.3 Exceptions to Arbitration
Notwithstanding the foregoing, you and BakeBoxx may seek equitable relief in any court having jurisdiction to protect intellectual property rights or prevent unauthorized access to the Service.
19. COMPLIANCE WITH LAWS
19.1 General Compliance
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Service and your purchase, ownership, and resale of products obtained through the Service.
19.2 Industry-Specific Compliance
You acknowledge that the hemp industry is subject to various regulations and that such regulations vary by jurisdiction. You are solely responsible for ensuring that your purchase, possession, and resale of our products comply with all applicable laws in your jurisdiction.
19.3 Export Control Laws
You agree to comply with all applicable international and national laws concerning export control, including but not limited to regulations administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies.
20. FORCE MAJEURE
BakeBoxx will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
21. SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
22. WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
23. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and BakeBoxx regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and BakeBoxx .
24. PRIVACY POLICY
Our Privacy Policy, available at www.bakeboxx.com/privacy-policy, is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.
25. Loyalty and Engagement Tracking (Non-Public Program)
BakeBoxx may use internal metrics such as user engagement, purchase history, and behavior to offer personalized promotions or recommendations. While this system may involve a "points" mechanism, it is not visible to users and is used solely to optimize your shopping experience. No user action is required, and no rewards are publicly advertised or redeemable at this time.
26. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
BakeBoxx
Email: social@bakeboxx.com
By using our Service, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.