BITCHFIX.COM TERMS AND CONDITIONS
Use of any of the services, materials, or features appearing on Bitchfix.com or Bitchfix, LLC mobile applications are subject to these terms and conditions. You agree to these terms and conditions by accessing and viewing the Site, or by using any Bitchfix, LLC services.
These terms and conditions apply exclusively to your access to, and use of, the web site located at Bitchfix.com and Bitchfix, LLC mobile applications. These terms and conditions do not alter in any way the terms or conditions of any other agreement you may have with Bitchfix, LLC.
These terms and conditions shall be effective immediately upon posting on the Site, and may be modified at any time, without notice. Your continued access or use of the site after the modifications have become effective shall be deemed your conclusive acceptance of the modified terms and conditions. Please check the Terms and Conditions page periodically for changes.
If you do not agree to all of the terms and conditions, you are not authorized to use the site or any of its services, materials, or features.
The terms and conditions of Bitchfix, LLC (“Bitchfix”) shall be referred to as the “Terms”. The individuals or companies using the site, its materials or its features shall be referred to as the “User”. This website, all its pages, materials and features, shall be referred to as the “Site”.
This is a Contract
The Terms is a legal agreement between Bitchfix and the User. The Site is only available to individuals who can form legally binding contracts under applicable law. The Site is not available for use by minors. Any User of this Site represents that he or she accepts these Terms and intends to be personally bound by the Terms or that he or she has been authorized to accept these Terms on behalf of a company. Any User of the Site on behalf of any company also warrants that the company agrees to indemnify the User and company for violations of these Terms. If the User is not so authorized or does not intend to be personally bound, then User should not and may not use the Site.
Bitchfix reserves the right to deny further access to the Site, terminate all services to User or to delete any information or posts of any User who violates these guidelines, is the subject of complaints by other Users, or for any other reason, in its sole discretion, subject to applicable laws.
Users may not:
No Guarantee of Confidentiality
Bitchfix makes every effort to maintain the confidentiality of any information submitted by Users. However, because Bitchfix cannot control the conduct of others, it cannot guarantee that this information will remain confidential. Please use caution in deciding what information to input into the Site. Bitchfix is not responsible for the release or improper use of such information by other Users or any release due to error or failure in the Site.
Third-Party Resources and Advertisements
Bitchfix is not responsible for any third party content, including the content provided by other Users of the site, or that may be accessed through or linked to this Site.
Bitchfix may run advertisements and promotions from third parties on the Site. User business dealings or correspondence with, or participation in promotions of, advertisers and any terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party advertiser. Bitchfix is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
The Site, its materials and services, are provided “as is” without warranty of any kind, either express or implied. Bitchfix disclaims all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement or free of viruses or other harmful components.
Bitchfix adds, changes, improves or updates the information and documents on this Site without notice. It does not represent or warrant that Site materials and information are accurate, complete, reliable, current or error-free. BitchFix strives for its Site and other materials to be accurate. However, from time to time, there may be information available on or through the Site or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Bitchfix reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders. No advertisement or product listing is a binding offer of sale. Bitchfix may, in its sole discretion, cancel any order at any time prior to shipping. As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor's display of any color will be accurate.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES, AND THAT BITCHFIX SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Bitchfix has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, Users who are deemed to be repeat infringers of the intellectual property rights of others. Bitchfix may also limit access to the Site of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any material on the Site infringes upon any copyright which you own or control, please provide Bitchfix with the following information relevant to your claim: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed and its location on the Site; (3) your address, telephone number, and email address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You may submit your notice of claims of copyright infringement to:
23823 MALIBU RD. STE. 50-163
MALIBU, CA 90265
Bitchfix may give notice of a claim of copyright infringement to any User by means of a general notice on the Site, email to a User’s email address in our records, or by first-class mail to a User’s address in our records.
“BITCHFIX”, Bitchfix’s logo and any other product or service name or slogan contained in the Site are trademarks of Bitchfix and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bitchfix or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Bitchfix” or any other name, trademark or product or service name of Bitchfix without prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and trade dress of Bitchfix and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
Links to Site
Bitchfix welcomes links to this Site from other web sites. However, Bitchfix in no way operates, controls or endorses linking sites. Nor does linking to Bitchfix imply an endorsement of the third party web site by Bitchfix. Bitchfix reserves the right to disallow any links at any time in its sole discretion.
Users are granted a limited, non-exclusive right to create a link to the Site, provided the link does not portray Bitchfix or any of its products and services, or any lawyer, in a false, misleading or defamatory manner, and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
Users may not use the logo or other proprietary graphic of Bitchfix to link to this Site without the express written permission of Bitchfix. Further, Users may not use, frame or utilize framing techniques to enclose any Bitchfix’s trademarks, logo or other proprietary information, including the images found at the Site, the content of any text or the layout or design of any page or form contained on a page on the Site without Bitchfix’s express written consent.
Except as noted above, Users are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Bitchfix, or any third party, it being expressly denied.
Loss of Data
Bitchfix, is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons, subject to applicable laws.
Release and Use of Information
Modifications to Service
Bitchfix, reserves the right to modify or discontinue, temporarily or permanently, the Site, with or without notice to the User. The User agrees that Bitchfix shall not be liable to the User or any third party for any modification or discontinuance of the Site. The User acknowledges and agrees that Bitchfix, may immediately delete data and files in the User’s account and bar any further access to such files or the Site, subject to applicable laws.
Food Allergy Disclaimer
Bitchfix makes effort to identify ingredients that may cause allergic reactions for those individuals with food allergies. Because many orders made through the Site may be fulfilled through a third party chocolatiere, it cannot be guaranteed that every allergen in the food delivered will be identified and labeled. Products ordered through the site may contain wheat; milk; eggs; peanuts; tree nuts (i.e almond, hazelnut/filbert, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut and coconut); soy or soybeans; fish; or other products which may cause allergic reactions. Users that are concerned with food allergies need to be aware of this risk.
Currently, we do not have the capacity to offer specific menus for those with a specific food allergy or serious dietary restriction. Please, refrain from ordering or subscribing to Bitchfix if you have any type of severe food allergy or serious dietary restriction.
Bitchfix cannot assume any liability for adverse reactions to food consumed, or items one may come in contact with while eating Bitchfix products.
If you choose to become a member of the Site you must register for an account with us (“Account”). You will be prompted by the Site to provide Bitchfix with certain personal and to fill out our registration form. By doing so, you represent and warrant that all information you submit is accurate and truthful, and that you regularly update the information to maintain its accuracy.
We may refuse any application to join our Site or receive our Services for any reason whatsoever. We may suspend or terminate your Account for any reason whatsoever.
You are solely responsible for keeping your Account login information confidential. You are solely responsible for all activities that occur within your Account. If you suspect, or have reason to suspect, that there has been unauthorized access to your Account or any other potential security breaches, you agree to immediately notify the bitches of Bitchfix. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
By ordering from the Site you are signing up to a subscription with us and agree to pay the then current applicable fees listed on the site.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Bitchfix the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Bitchfix reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Bitchfix and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
The Subscription Contract Between You And Us
Bitchfix offers various subscription types: including rebillable monthly subscriptions (“Monthly Subscriptions”); prepaid annual subscriptions (“Annual Subscriptions”); and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).
AUTOMATIC RENEWAL TERMS
With respect to Bitchfix subscriptions subject to automatic renewal, you agree that Bitchfix may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Bitchfix reasonably could act.
By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Bitchfix after the expiration date of your payment card.
AUTOMATIC MONTHLY RENEWAL TERMS
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.
CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS
To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there or (ii) send us a message at firstname.lastname@example.org and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.
AUTOMATIC DELIVERY TERMS:
The product you selected for auto replenishment will be automatically sent to you at the frequency selected by you (e.g. every 30 days) and your payment method will automatically be charged when the order ships in the month in which delivery is to occur in the amount of the then-current retail price for the product on the Site until you cancel your Automatic Delivery option.
CANCELLATION POLICY FOR AUTOMATIC DELIVERY PROGRAM:
To cancel your Automatic Delivery at any time, you may (i) logon to your account and follow the cancellation procedures there or (ii) send us a message at email@example.com and we will or (iii) call (855)77BITCH and speak with one of our customer service representatives who can help you cancel.
For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please contact us directly at firstname.lastname@example.org.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Bitchfix recommends next day air from April to November when temperatures can climb and 2-day air for the rest of the year. We are not liable for chocolates melted during transport or when there is no one available to receive them.
To prevent melting or discoloration, we recommend that all Bitchfix chocolate be kept cool (63F-66F) and stored in appropriate conditions upon receipt. Should you decide to refrigerate, please place in a re-sealable type of bag or container and let naturally warm to room temperature prior to opening.
Bitchfix does not ship to PO BOX addresses.
Shipping Costs (per recipient):
All shipping charges are per recipient, not per order.
Orders may take up to 24 hours for processing. Orders will be shipped Monday through Thursday. Orders placed on Thursday will be shipped the following Monday.
Bitchfix does not accept any returned items as they are food products and cannot be restocked or resold. Returned or rejected shipments are not eligible for credit or refund.
Limitation of Liability
THE USER AGREES THAT BITCHFIX, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BITCHFIX, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT BITCHFIX, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
The User agrees to indemnify, defend, and hold Bitchfix harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Terms. The User further agrees that this defense and indemnity shall include without limitation attorneys’ fees and costs. The User also agrees that this defense and indemnity shall apply to Bitchfix and Bitchfix, LLC’s affiliates, agents, associates and employees. Bitchfix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of Bitchfix.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between User and Bitchfix by these Terms.
Choice of Law and Venue
The Terms and the relationship between the User and Bitchfix shall be governed by the laws of the State of California without regard to its conflict of law provisions, even if the User is outside of California. Jurisdiction and venue shall be exclusive to the state or federal courts in the County of Los Angeles, California, United States of America. Users consent to the exclusive jurisdiction of these courts.
The original of the Terms has been written in English. The User waives any statute, law, or regulation that might provide an alternative law or forum or to have the Terms written in any language other than English. Bitchfix and User exclude the United Nations Convention on Contracts for the International Sale of Goods from these Terms.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The Terms constitute the entire agreement between User and Bitchfix with respect to the subject matter covered herein, and supersede all previous agreements.
If any provision of these Terms shall be deemed unlawful, void or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. The invalid that provision shall also be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Waiver of Terms
If Bitchfix fails to exercise or enforce any right or provision of these Terms, that failure shall not be used to prove that Bitchfix has waived the right or provision. No waiver of any of the Terms shall be deemed a waiver of any other such Terms.
Notices, Questions or CommentsAny notices, questions or comments to Bitchfix regarding the Terms shall be sent to: