Welcome to our Black Tucano USA Store! Fresh Roasted Coffee delivered right to your door.

Terms of Service

SERVICE TERMS

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OVERVIEW

This website is operated by Black Tucano Coffee Roasters. Throughout the site, the terms “we”, “us” and “our” refer to Black Tucano Coffee Roasters. Black Tucano Coffee Roasters offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from our website, you are using our “Services”. Accordingly, you agree to the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to the Terms of Service. If you do not agree to all terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store must also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check for changes made to this page periodically. Your continued use of or access to the website following the posting of any changes constitutes acceptance of such changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services.

SECTION 1 - TERMS OF THE VIRTUAL STORE

By agreeing to the Terms of Service, you confirm that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this website.

You must not use our products for any illegal or unauthorized purpose. You also may not, by using this Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any viruses or any code of a destructive nature.

Violating any of the Terms will result in immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may: (a) be transmitted over various networks; and (b) undergo changes to adapt and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted when transferring between networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission.

Headings used in this agreement are included for convenience only and do not limit or affect the Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND UPDATE OF INFORMATION

We are not responsible for information made available on this site that is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting primary, most accurate, most complete or most current sources of information. Any use of material on this site is at your own risk.

This website may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS OF SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We are not responsible to you or any third party for any modification, price change, suspension or discontinuation of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. Such products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to accurately match the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right as appropriate. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer made for any product or service on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the number of products per person, per household or per order. Such restrictions may include orders placed under the same customer account, on the same credit card, and/or orders that use the same invoice and/or shipping address. If we make changes to or cancel an order, we may notify you via the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by merchants, resellers or distributors.

You agree to provide your complete account and purchase information for all purchases made from our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.


SECTION 7 - OPTIONAL TOOLS

We may give you access to third-party tools that we do not monitor or have any control over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible in any way for your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and you familiarize yourself with and approve the terms of the tools that are provided by the third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and features). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD PARTY LINKS

Certain products, content and services available through our Service may include materials from third parties.

Third party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy. We do not warrant and have no obligation or liability for any third party materials or websites, or for any other third party materials, products or services.

We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please carefully review the policies and practices of third parties and make sure you understand them before making any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

SECTION 9 - COMMENTS, FEEDBACK, ETC. OF USER

If, at our request, you submit certain specific items (e.g., participation in a contest), or without our request, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments you submit to us . We are not responsible for: (1) keeping any comments confidential; (2) indemnify for any comments; or (3) respond to any comments.

We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates the intellectual property of others or these Service Terms.

You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You agree that your comments will not contain defamatory, illegal, abusive or obscene material. They will also not contain any computer viruses or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

The submission of your personal information through the store is governed by our Privacy Policy. See our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping rates, shipping time and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time and without notice (even after you have sent the your request).

We undertake no obligation to update, change or clarify information on the Service or any related website, including without limitation pricing information, except as required by law. No specific update or update date on the Service or any related website shall be used to indicate that all information on the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions, as set out in the Terms of Service, you are prohibited from using the site or content for: (a) unlawful purposes; (b) solicit other persons to perform or participate in any unlawful acts; (c) violate any international, provincial, state or federal regulations, local rules, laws or regulations; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, damage, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) present false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collect or track the personal information of others; (i) to spam, phishing, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be timely, secure, error-free or uninterrupted.

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel at any time without notice to you.

You agree that your use or inability to use the Service is at your own risk. The Service and all products and services delivered through the Service are, except as stated by us) provided without warranty and as available for your use, without any representations, warranties or conditions of any kind, express or implied, including all warranties implied terms or conditions of merchantability, quantity, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances will Black Tucano Coffee Roasters, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising out of your use of any of the Services or any products purchased using the Service, or for any other claim relating in any way to your use of the Service or any products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind as a result of using the service or any content of (or product) posted, broadcast or otherwise available through the Service, even if advised of such a possibility. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Black Tucano Coffee Roasters and our subsidiaries, affiliates, partners, employees, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including fees of attorneys, by any third party for breach of these Terms of Service or the documents they incorporate by reference, or for breach of any law or the rights of a third party.


SECTION 15 - INDEPENDENCE

In the event that any provision of these Terms of Service is held to be illegal, void or unenforceable, such provision shall, however, be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed separate from these Terms of Service. Such determination is without prejudice to the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The parties' obligations and liabilities incurred prior to the termination date shall continue after termination of this agreement for all purposes.

These Terms of Service are in effect unless terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our website.

If in our sole discretion you fail to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will be responsible for all amounts due up to the date of termination; we may also deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in connection with the service constitute the entire agreement between us. These terms govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party who drafted them.


SECTION 18 - APPLICABLE LAW

These Terms of Service and any separate agreements in which we provide the Services to you shall be governed by and construed in accordance with the laws of Rodovia Francisco Stockl Km 7,5 Santa Maria de Marechal, Marechal Floriano, ES, 29259000, Brazil.


SECTION 19 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contato@blacktucanocoffee.com.

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