TERMS OF SERVICE

Updated on April 9th, 2024.

This Terms of Service govern the use of this Service ( the “ Website”) including the agreement between You ( the “User”) and the Company (Bites & Co.) and the rights and obligations of all Users of the Service.

The Website bitesandco.com is operated by Bites & Co. also referred as “We”, the “ Company”, ”Us”, “Our”, the “Site”, throughout the Website.

All the information, services and tools offered by Bites & Co. in its Website to You, the User, are subject to Your acceptance of our policies, Terms of Service, rules and notices published here.

By visiting or purchasing any product within our Website, you agree and accept to be abide by the Terms of Services, policies, rules and notices outlined here.

Please read this Terms of Service carefully before using our Website, and if you disagree to the Terms of Service of our Site, you may not access, navigate or use any of the services offered in our Website.

We reserve the right to modify, change, replace and/or update this Terms of Service at any time without previous notice. Any changes will be updated and post in our Website and will become part of the latest Terms of Service agreement.

It is your’s, the User’s responsibility, to acknowledge the latest version of our Terms of Service before to access, navigate or purchase any product in our Site.

Our Website is hosted by GoDaddy Inc.

They provide us with an online e-commerce platform that allows our Company to offer and commercialize our products to you.

WEBSITE

In order to subscribe, register, use or purchase in our website, you must be at least 18 years of age or older.

By agreeing to our Terms of Service, you consent that you are at least 18 years old or older.

You are responsible for your access and/or use of the Website and you may not violate any laws in your jurisdiction including but not limited to copyright laws.

We grant you access to use our Site and its content, for your personal use only.

You agree not to use our products or services or any content such as pictures,  videos, information that belongs exclusively to Bites & Co. for any illegal or unauthorized  purpose, such as copy, reproduction, duplicate, re-sell, re-distribute, modify or exploit in any way without express written permission by us.

You must not transmit any viruses, malware, spyware or other malicious software of a destructive nature.

We reserve the right to refuse service, terminate accounts and/or cancel orders for any reason at any time, if we believe that your conduct is harmful to our interests, violates any of the Terms of Service or violates applicable law.

USER ACCOUNT

When you create an account with us, you must provide us accurate, current and complete information where required. Failure to do so, constitutes a breach of the Terms of Service and may result in an immediate termination of your account with us.

You are responsible for all activity that occurs under your account, and you agree to keep your account and password safe and secure at all times.

If you are made aware of any breach or unauthorized use of the account, you must notify us as soon as possible.

You agree not to disclose your password to any third party or individual.

You agree to provide accurate, current  and complete account and purchase information on every transaction you make in our Site.

You agree to keep your account information updated, including email address, phone number, credit card numbers and expiration date, so we can process your transaction and contact you as needed.

RETURNS 

-All online orders are final and non-refundable.

-Bites &Co. is not held responsible for any product that has been affected and/or damaged by temperature or any other factor during delivery process or any delay or lost package by the shipping company used.

-We do not accept returns due to package refusal, wrong address or bad weather.

-At Bites & Co. we reserve the right to refuse or cancel any order that appears to be unauthorized, fraudulent or illegal in nature.

-If you have any issue with your purchase, please contact us at hello@bitesandco.com or call us at 1-888-532-1885 within 24 hours of receiving your order.

-At Bites & Co. we work very hard to make sure you have a positive experience.

-All claims sent after the 24 hours window or submitted without the proper documentation, won’t be eligible for re-shipping or refund.

-If your claim is accepted and approved, you will be automatically refunded to the original payment method. Please allow your bank or credit card company up to  two weeks to process, post and refund to your account.

-No refund accepted on Bites & Co. Gift Cards. No other gift cards are accepted.

-You accept and acknowledge these refund policies conditions once you confirm and place an order.

SHIPPING POLICY

-Orders usually ship Monday through Wednesday, each week via UPS and USPS (Priority Mail Express, Priority Mail  or Ground) within the Continental USA, Puerto Rico and U.S. Virgin Islands only.

-Orders placed  on or after a Wednesday will be shipped the following week to avoid excess days in transit.

- Orders may take up to two days to be prepared and shipped.

- Bites & Co. is not responsible for delivery delays due to incomplete or incorrect address or for lost packages even if they show “delivered“ by the shipping provider.

-Shipments returned due to incorrect or incomplete address will be subject to additional charges to be re send.

- Products are carefully packaged to preserve their integrity and  freshness.

-Shipping charges will not be refunded for late shipment due to closed location and/or denied access to the product destination.

-Customer should be expecting the shipment as we can not guarantee a specific delivery time.

-Bites & Co. is not responsible for delays in deliveries due to high volume that shipping companies experience during the holidays or unexpected weather that can affect the arrival time.

AVAILABILITY- INNACURACIES- ERRORS

We are constantly updating our Website.

We take all reasonable steps to ensure that all the content and information published on the Site is accurate and up-to date. However, we can not and do not guarantee that the content and/or information available in the Site including prices, products, descriptions and availability, images and specifications, promotions and offers, services, shipping charges and  timing are corrects, accurate, complete, reliable and/or up to date.

We have made every effort to ensure that the colors and images of the products published on our Website are displayed as accurately as possible. We make no guarantees regarding the accuracy of any color displayed on your computer’s monitor or any screen you might use.

We reserve the right to modify the contents of this Site at any time, to change or update information and/or content and to correct inaccuracies, errors or any omissions without prior notice, even if your order was already submitted.

By accepting this Terms of Service, you agree that it is your responsibility to monitor changes to our Site.

PRODUCT-SERVICE-PRICE MODIFICATION 

Bites & Co. may,  in its sole and absolute discretion at any time, change prices for our products and modify and/or discontinue any product or service at any time without notice.

The Company shall not be liable to you or any third-party for any price change, product or service modification, discontinuation or suspension.

The Company reserves the right to modify any price quoted after receiving an order, in the event of any circumstance arise that could impact delivery, such US Government action, increased shipping costs, changes in customs tariffs, or any other matter beyond the Company’s control. In such event, you will have the right to cancel your order.

We reserve the right , but are not obligated, to restrict and/or cancel any purchase of our products or services to any individual, group of people, area or jurisdiction, and we may exercise this right, based on each individual circumstance.

The Company reserves the right to limit, prohibit or cancel any order that in our sole judgement appears to be placed by resellers, distributors or dealers. In the case that we make a change to or cancel an order, we may try to contact you through the email and/or phone number or billing account provided when the order was placed. 

Any offer made on this Site for any product or service is null and void where prohibited. 

We do not guarantee that the quality of any product, service, data or other materials purchased or acquired by you, will live up to your expectations or that any error in the service will be fixed or corrected. 

THIRD PARTY LINKS

Our Site may contain links to third-party website, applications or services that are owned and operated by third-parties, over which we neither monitor nor have any control, input or ownership. 

The Company assumes no responsibility for the content, practices or privacy policies of any third-party websites or services. 

You acknowledge and agree that Bites & Co. will not be held directly or indirectly responsible or liable for any loss or damage caused from, claimed to result from, using or relying on any of the product, services, or content made available by or via any of these websites or services. 

The use of any optional tools made available by the Website is solely at your own risk and discretion.

We strongly advise you, to carefully read the privacy policies and Terms of Service of any third-party websites or services  that you visit and make sure you understand them before you engage in any transaction or operation. 

In the case you have any questions, concerns or any claims or complaints related to any third-party  products or services, it should be directed to the third-party involved.

CONTENT

You have the ability to publish content using our platform and you have the responsibility for the content you post on the Site, ensuring that is legal,  trustworthy and appropriate. 

When you upload content to the Site, you authorize and provide us with the right and permission to utilize, change, publicly showcase, present, replicate, and circulate that content on and via the Site.

Any content you submit, post, or display on or through the Service, is still fully yours, and it is your responsibility to safeguard those rights.

By agreeing to this Terms of Service, you acknowledge that we have the right to share your content with other users of the Service, who may also utilize your content in accordance with these Terms.

Bites & Co. is not responsible for the content posted on the Site by any user.

You specifically acknowledge and agree that regardless of who uses your account, you or any third person, you are solely accountable and responsible for all activity and content under your account.

You hereby represent and warrant that the content you publish in our Site, belongs to you, you own it, and that you have permission to use it and grant us the rights and licenses as stated in the Terms and that sharing and/or posting your content on or through the Site, does not infringe upon anyone else’s rights, including rights of privacy, publicity, copyright, contract or any other rights of any person or third party.

You further agree that you will not publish any comment or content on our Site that is unlawful, upsetting, offensive, defamatory, abusive or obscene, threatening, libelous or intended to disgust.

You also agree that you may not transmit any content that contains any computer virus or other malware that is designed or intended to affect the operation of the Site and any related Service. 

You may not impersonate any person or entity, including the business, its employees or its representatives, use false information or a false e-mail address, or violate the privacy of any third-party.

Bites & Co. reserves the right, but not the obligation, to monitor, edit, copy, use, distribute, publish, remove, translate, display or modify without restriction, any content, comment or feedback submitted, published or sent to us from you through any communication channel whether online, by e-mail, postal mail or otherwise. 

You acknowledge and warrant that you will indemnify Bites & Co. or its associates for all claims resulting from content you supplied. 

Bites & Co. takes no responsibility and assumes no liability for any content posted by you or any third-party.

DISCLAIMER

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirement, achieve any intended results, be compatible or work with any other software, application, systems or services, operate without interruption, meet performance or reliability standards, be error free or that any errors or defects can or will be corrected. 

The Service provided by the Company to you,  is “AS IS” and “AS AVAILABLE “, meaning that it is offered without any warranties or guarantees of any kind. This includes all faults and defects that may arise in the Service, without any exceptions.

The Company, along with its affiliates, licensors, and service providers, explicitly disclaims all warranties, whether express, implied, statutory or otherwise, in regards to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Additionally, any warranties that may arise from the course of dealing, course of performance, usage or trade practice are also disclaimed. 

These disclaimers extend to the maximum extent permitted under applicable law, and it is your responsibility to ensure that the Service meets your needs and expectations. 

Some states or jurisdictions do not allow the exclusion of specific warranty’s type or limitations on a consumer’s statutory rights. It is possible that some or all of the above exclusions and limitations may not apply to you. However, if such situations arises, the exclusions and limitations outlined in the section will still be enforced to the fullest extent allowed by the applicable law.

LIMITATION OF LIABILITY 

Despite any potential damages you may experience, the Company and/or any of its suppliers under any provision of these Terms, are only liable up to the amount you have paid through the Service, or up to US$ 100 if you have not made any purchase. 

To the maximum extent permitted by applicable law, under no circumstances, will the Company and any of its suppliers, directors, affiliates, employees, service providers, agents or licensors,  be liable and/or responsible for any special, incidental, indirect or consequential damages, including but not limited to loss of profits, loss of data or other information, business interruption, personal injury or loss of privacy, resulting from the use or inability to use the Service, third-party software, third-party hardware, or any provision of this Terms.

Even if the Company or any supplier has been informed of the possibility of such damages and even if the remedy fails to fulfill its essential purpose.

Some states may not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.

In this states the liability of each party will be limited to the maximum extent permitted by law.

INDEMNIFICATION

By accepting this Terms of Service, you agree to defend, hold harmless from any claim or demand, including reasonable attorney’s fees, and to indemnify Bites & Co. and our partners, directors, affiliates, subsidiaries, offices, agents, contractors and subcontractors, licensors, service providers, suppliers, interns and employees, in the event that any third-party brings a claim or demand against you, for any reason owing to, or as a result of your failure to comply with this Terms of Service or the documents they incorporate by reference or in the case you violate any law or the rights of a third-party.

PERSONAL  INFORMATION

Any personal information submitted through our Website is governed by our Privacy Policy.

Please read our Privacy Policy.

INTELLECTUAL PROPERTY 

Bites & Co. and its subsidiaries own all rights to the Service, including its original content, features and functionality, excluding content provided by you or other users.

Without the Company’s prior written approval, our trademarks  and trade dress may not be utilized in connection of any product or service.

There might be other trademarks displayed in our Website that are not owned by Bites & Co. or its subsidiaries and may or may not be associated with, linked to, or sponsored by Bites & Co. or its subsidiaries.

INTENDED ONLY FOR UNITED STATES USERS

The content on this entire Website is only meant for use and access by those who currently reside in the United States, its territories, and its possessions, unless otherwise clearly stated on the Website.

Bites & Co. maintains control over and operates its Website from offices in the United States; it makes no guarantees or representations regarding the suitability of the content, products or services for use or access in other countries.

If someone access or uses any part of the Website from outside of the United States, they do so voluntarily and are in charge of adhering to any applicable local laws in the United States.

TERMINATION

These Terms of Service remain effective until terminated by either you or us.

We reserve the right to suspend or terminate your account immediately, without previous notice or liability, for any reason, including without limitation. If in our sole judgment you fail or we suspect that you have failed to comply with any term or condition of these Terms of Service, and you will remain liable for all amounts due and/or remaining, until and including the termination date.

Your right to use the Site will cease immediately upon termination and if you no longer wish to use our Services, you may terminate these Terms of Service at any time by notifying us or you may simply discontinue using our Site.

ENTIRE AGREEMENT-WAIVER

The failure of us to exercise a right or to require performance of an obligation under these Terms of Service, shall not constitute a waiver of such right or obligation and shall not prevent a party’s ability to exercise such right or require performance of an obligation at any time subsequently (thereafter).

A waiver of one breach will not constitute a waiver of any subsequent breaches.

The complete agreement and understanding between you and us that governs your use of the Service, is contained in these Terms of Service and any policies or operating rules that we may post on this Website.

It supersedes any previous or contemporaneous oral or written communications, agreements or proposals that may have been made between you and us, including but not limited to any previous version of Terms of Service.

The drafting party shall not be held liable for any ambiguities in the interpretation of these Terms of Service.

GOVERNING LAW

This Terms of Service and your use of the Service shall be governed by and interpreted in accordance with the laws of the United States.

DISPUTES RESOLUTION

If you have any concern or dispute about the Service, you agree to contact the Company in order to attempt an informal resolution process first.

SEVERABILITY

In the case that any provision of these Terms of Service is held to be unlawful, invalid or unenforceable, such provision will be modified and interpreted to the greatest degree permitted by applicable law in order to achieve its goals, and the remaining provisions of the Terms of Service shall remain in full force and effect.

CONTACT US

If you have any question regarding these Terms of Service, you can contact us:

-by sending us an email to hello@bitesandco.com

-by calling us at: 1-888-532-1885