Terms of service
Last Updated: September 13, 2022
These are the terms of use for Black Tucano Coffee (the “Terms”). These Terms are important and they affect your legal rights, so please read them carefully. Please note that Section 18 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accessing or using the websites, mobile applications or blogs (Black Tucano Coffee that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the coffee or other products made available through the Sites.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Black Tucano Coffee reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
1. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
2. Eligibility
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (c) do not have more than one Black Tucano Coffee account, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
3. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for a Black Tucano Coffee account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating a Black Tucano Coffee account, you also consent to receive electronic communications from Black Tucano Coffee (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Terms of Sale
4.1 Continuous Subscriptions. WHEN YOU REGISTER FOR A COFFEE SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) Black Tucano Coffee (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR YOUR COFFEE SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR COFFEE SUBSCRIPTION CONTINUES, AND (B) YOUR COFFEE SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.
Cancellation Policy.YOU MAY CANCEL YOUR COFFEE SUBSCRIPTION AT ANY TIME BY EMAILING US AT info@blacktucanocoffee.com AND FOLLOWING THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. DEPENDING ON YOUR RECURRING CUT-OFF DATE, WHICH IS AVAILABLE ON YOUR “ACCOUNT ” PAGE, YOUR CANCELLATION WILL BE EFFECTIVE SIX (6) DAYS AFTER YOU COMPLETE THE CANCELLATION PROCESS. YOU ARE RESPONSIBLE FOR ALL COFFEE SUBSCRIPTION CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION.
In the event you cancel your Coffee Subscription, please note that we may still send you promotional communications about Black Tucano Coffee, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
4.2. Gifts
You have the ability to purchase subscriptions for other people through the Sites (“Gifts”). We offer various Gift packages, so please visit the Gifts page on our website and our FAQs for more information.
When you purchase a Gift, we will send an email to the Gift recipient that can be used to redeem the Gift. The Gift recipient will be required to create a Black Tucano Coffee account in order to access the Sites and redeem the Gift. Gifts are not refundable or redeemable for cash, unless otherwise required by applicable law. However, Gifts do not expire, and any unused balance will be placed in the Gift recipient’s Black Tucano Coffee.
4.3. Free Trials
From time to time, to the extent legally permitted, we may offer free trials of certain subscrptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 4.1 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
4.4. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Black Tucano Coffee account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Coffee Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
4.5. Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Coffee Subscription, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of coffee to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Section 4.1.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific coffees) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@blacktucanocoffee.com.
4.6. Taxes
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.7. Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from Black Tucano Coffee, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.
4.8. Deliveries
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your coffee is not feasible, we will cancel your coffee delivery for the period so affected and issue you a credit or refund of the purchase price for that coffee delivery.
4.9. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
4.10. Returns and Refunds
If you are dissatisfied with a coffee for any reason, please contact us at info@blacktucanocoffee.com within seven (7) days of the date you received the coffee and we will either replace the coffee at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that coffee. We may require the return or photographic documentation of any coffee with which you are dissatisfied before we provide you a replacement, credit or refund.
If any Product you receive arrives damaged, please contact us at info@blacktucanocoffee and, depending on the circumstances, you will receive a partial or full credit or refund of the portion of the purchase price applicable to the damaged Product. We may require the return or photographic documentation of any damaged Product before we provide you a credit or refund
If you are dissatisfied with any non-coffee Product you purchased through Black Tucano Coffee, you may return the Product within thirty (30) days of the date you received the Product by contacting info@blacktucanocoffee.com and following the shipping instructions we supply; provided, that all returned Products must be unused and in their original packaging. After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.
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Service Overview: Black Tucano Coffee Roasters provides a subscription-based coffee delivery service. By subscribing to our service, you agree to receive coffee shipments on a regular basis, as determined by your subscription level.
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Subscription Fees: Subscription fees vary depending on the subscription level selected by the customer. Fees are billed on a recurring basis, and customers will be charged at the beginning of each billing cycle.
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Billing Information: Customers are responsible for providing accurate billing information and updating this information when necessary. Failure to do so may result in a delay or cancellation of service.
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Cancellation Policy: Customers may cancel their subscription at any time by logging into their account and following the cancellation instructions. Please note that cancellation requests must be received prior to the next billing cycle to avoid being charged for the following cycle.
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Shipping and Delivery: Black Tucano Coffee Roasters ships coffee orders to customers within the United States. Please allow 3-8 business days for delivery.
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Returns and Refunds: Due to the nature of our products, we do not accept returns or offer refunds. If you receive a damaged or defective product, please contact us within 24 hours of receipt to request a replacement.
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Intellectual Property: All content and materials on the Black Tucano Coffee Roasters website, including text, graphics, logos, and images, are the property of Black Tucano Coffee Roasters or its affiliates and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, distribute, or modify any of our content or materials without our express written consent.
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Privacy Policy: By using our service, you agree to our privacy policy, which is available on our website.
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SMS Consent: By subscribing to our service, you consent to receive text messages from Black Tucano Coffee Roasters related to your subscription, including but not limited to shipping and billing notifications. You may opt-out of these messages at any time by replying "STOP" to the text message.
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Limitation of Liability: Black Tucano Coffee Roasters is not liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising from your use of our service or your inability to use our service.
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Modification: Black Tucano Coffee Roasters reserves the right to modify these terms of service at any time. By continuing to use our service after such modifications are made, you agree to be bound by the updated terms.
If you have any questions or concerns about these terms of service, please contact us at info@blacktucano.com.
