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Terms and Conditions

Mission Statement:

Bocandy a subscription based service that sends packaged snacks to people who want to try out new snacks, both domestic and abroad. We find the best snacks, learn a little about them, then send you a box full of the box you choose. We also send a link to our blog where we talk about each snacks and give you some info.

We ask that you please eat responsibly as ​some of our snacks may contain allergens such as but not limited to: peanuts, almonds, cashews, walnuts, various fruits, gluten, lactose, eggs, shellfish, soy, wheat, etc. If you are unsure if a particular snack has an allergen in its ingredients, do not eat it!

The website located at Bocandy.com (the "Site") is a copyrighted work belonging to Bocandy, LLC (“Company”, “us”, “our”, and “we”). The following terms and conditions govern all use of the Bocandy.com website and all content, services and products available at or through the website, including, but not limited to, Bocandy.com ("Bocandy"). The Website is owned and operated by Bocandy, LLC ("Bocandy").

Acceptance of Terms

By accessing any part of this website and subscribing to our service you agree and become bound by these terms and conditions in this agreement and all other operating rules, policies (including, without limitation, Bocandy’s Privacy Policy) and procedures that may be published on this Site by Bocandy (collectively, the “Agreement”). Bocandy and its services are only available to adults age 18 and over in the United States. Continued use of the site constitutes your agreement to these terms as they may be amended from time to time without prior notice.

Website Content

1. Member Account, Password and Security.

In order to use the Site or the Services, you must register for an account with Company (an “Account”) and provide certain information. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You acknowledge that Bocandy reserves the right to terminate accounts that are inactive for an extended period of time.You further acknowledge that Bocandy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2. Ownership.

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Services, and all related intellectual property rights. Company and its suppliers reserve all rights not granted in the Terms. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non­confidential and non­proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

3. Copyright.

Except for material in the public domain under United States copyright law, all material contained on the Site (including all software, HTML, PHP, CSS, Java applets, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without our written consent. None of the material contained on the Site may be reverse­engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent. Violation of this provision may result in severe civil and criminal penalties. Copyright © 2014 Bocandy. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Copyright Complaints

Bocandy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Bocandy of your infringement claim in accordance with the procedure set forth below.

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Bocandy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Bocandy’s Copyright Agent info@Bocandy.com (Subject line: "DMCA Takedown Request").

Ordering Services

You may order the Service by following the directions on the Site. Once you order the Service, your subscription to the Service will automatically renew every month, every 3 months, every 6 months, or every 12 months until you cancel your Service by following the directions on the Site. Company may change the pricing for the Services (from time to time in its sole discretion) by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews. Company may send you token gifts, inclusive of your costs of the Service. Bocandy also has a shop where one-time purchases may be made. Both regular and gift susbcriptions are auto-renewing.

Delivery

As a subscribed Bocandy member, we will ship you a parcel with a various selection of snacks that may consist of a selection from chips, crackers, cookies, nuts, jerky, candy, gummies, or other snack­related items (“Products”). Each renewal of your subscription, the selection of Products may change. Accordingly, Bocandy cannot guarantee that a selection will be available in any particular or subsequent timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.

Bocandy Boxes

Bocandy International Box 6 - 9 full size snacks

Bocandy Asia is 8+ full size snacks.

Bocandy Premium 20+ full size snacks.

A full size snack consists of any snack weighing .2 ounces or more. Any snacks below this weight will not count against the allocated amount of snacks of the product purchased and are included at no additional cost.

The contents of each Bocandy will vary, and we make no guarantees regarding the content of Bocandy boxes, that you will receive a particular product in a Bocandy or that certain products will be available in your Bocandy. Many of our suppliers’ products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the Boxes are not manufactured by Bocandy, but rather by Bocandy’s suppliers. For information on returns and refunds, please see our Frequently Asked Questions located at http://Bocandy.com/faq.html

Bocandy Customization Options

Bocandy automatically curates the best snacks from around the US and rest of the world to be shipped to your door every month. However, for a more personalized experience, Bocandy offers the option to customize your box by selecting preferred and non­preferred snack types. Please see below for a list of the various options we offer along with the additional weekly/monthly cost associated with each item.

Please Note: At this time, we are unable to send Soda or Juice in Bocandy Mini boxes (5+ snacks) or Bocandy boxes that are being shipped outside of the USA.

Billing and Payments

Payment Terms. If you order the Service, you agree to pay the then current applicable Service fee listed on the Site at www.Bocandy.com. Bocandy will automatically bill your credit card submitted in ordering the Service on the date the Service is activated, and each week/month thereafter, until you cancel your Service. You hereby authorize Bocandy LLC to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties (Michigan residents are responsible for paying taxes on Bocandy.com). If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non­payment and a link for you to update your payment information. If such non­payment is not remedied within seven (7) days after receiving such notice of non­payment, then Company may terminate the applicable Service.

Shipping

Bocandy boxes are shipped out between the 8th and the 15th. All Bocandy boxes are sent via United States Postal Service, it can take between 2 -­ 5 business days for your package to be delivered to US customers. For residents of Canada, Bocandy boxes may take up to 7 days to arrive once shipped. International shipments outside of Canada may take up to 14 or days or more to arrive once shipped.

Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is the property of Bocandy and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

Risk of Loss

All items purchased from Bocandy.com are made pursuant to a shipment contract. The risk of loss for such items is passed to you upon our delivery to the carrier. Bocandy is not to be held responsible for any lost, stolen, melted, damaged, or destroyed items that may occur during the shipping process.

Returns and Exchanges

Due to FDA regulations, we are unable to accept returns on snacks.

Refund Policy

No refunds will be issued for any reason. ALL SALES ARE FINAL. Credits may be issued towards future Bocandy boxes in rare occurrences at our discretion.

Undeliverable Bocandy boxes

Please double check to make sure your address is correct before completing the Bocandy checkout process. Due to the high cost of shipping, any Bocandy boxes returned to our facility because of an incorrect address will be subject to the corresponding return fee:

US Residents

International- $4.00

Asian - $6.00

Premium - $10.00

Internationali - $7.00

Asian - $14.00

Premium - $24.00

Rest Of World

International - $9.00

Asian - $19.00

Premium - $30.00

Once your Bocandy is returned back to our facility, your original order will be refunded minus the return fee stated above.

Membership Cancellations

Subscribers may cancel their membership anytime. To cancel an active subscription, visit the "My Account" page. From there, customers can manage their current order, payment information, active subscriptions, and shipping address.

Limitation of Liability

Bocandy shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Bocandy has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification And Defense

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Bocandy and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

User Submitted Content

We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website.

Privacy

Bocandy will use any personal data you supply through this site in accordance with its Privacy Policy.

Disclaimer of Warranty

We are unable to prove any assurances, promises, or guarantees regarding allergies. Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any content on this Website.

Allergies

me of our snacks may contain allergens such as but not limited to: peanuts, almonds, cashews, walnuts, various fruits, gluten, lactose, eggs, shellfish, soy, wheat, etc. If you are unsure if a particular snack has an allergen in its ingredients, do not eat it!

No Implied Endorsements

This site may contain links to sites maintained by third parties. Bocandy is not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites.

Governing Law

Governing law and venue. The website of Bocandy is operated and provided in the State of Michigan. As such, Bocandy is subject to the laws of the State of Michigan and such laws will govern the terms of this use. Bocandy makes no representation that its website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the website, products, or services of Bocandy, you agree to do so subject to the laws of the State of Michigan. Any dispute arising out of the terms and provisions of this Use Agreement shall be governed by the laws of the State of Michigan and any action brought in law or in equity shall be brought only in a court of appropriate jurisdiction in the State of Michigan, Genesee County.

Severability

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Bocandy.com reserves the right to make changes to these terms and conditions at anytime without notice.