We sell packaged snacks to people wanting to explore new & popular snacks. We strive to provide you and your loved ones with new things to munch on. We send it to you all packed up and ready to eat.
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 www.FoxyFane.com (the “Site”) is a copyrighted work belonging to Foxy Fane (“Company”, “us”, “our”, and “we”). The following terms and conditions govern all use of the FoxyFane.com website and all content, services and products available at or through the website, including, but not limited to, FoxyFane.com (“Foxy Fane”). The Website is owned and operated by FoxyFane (“Foxy Fane”).
ACCEPTANCE OF TERMS
By accessing any part of this website you agree and become bound by these terms and conditions in this agreement and all other operating rules, policies (including, without limitation, FoxyFane’s Privacy Policy) and procedures that may be published on this Site by FoxyFane (collectively, the “Agreement”). FoxyFane 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.
To use this 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. The 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 FoxyFane reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that FoxyFane 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.
Foxy Fane snack boxes are shipped out every day Monday through Saturday. Our snack boxes are shipped via Priority Mail and or Amazon Fulfillment and may take between 2-8 business days to arrive.
PROMOTIONAL CODES AND DISCOUNTS
• Promo Codes can only be redeemed online. • You must be 18 years or older to redeem a promo code. • Void where prohibited by law. • Promo codes are redeemable on select merchandise only. • Promo codes must be entered at check out in order to be applied to your order. Promo codes can not be applied after order is submitted. • Promo codes cannot be applied to previously placed orders. • Promotions have no cash value.
ACCOUNTS
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all Content contained on this Website is the property of Foxy Fane 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.
LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Foxy Fane
Foxy Fane has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Foxy Fane shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
RISK OF LOSS
All items purchased from FoxyFane.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. Foxy Fane 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
Snacks are not returnable after purchased.
REFUND POLICY
No refunds will be issued for any reason. ALL SALES ARE FINAL. Credits may be issued towards future orders in rare occurrences at our discretion.
UNDELIVERABLE SNACK BOX
Please double check to make sure your address is correct before completing the checkout process. Any package returned to our facility because of an incorrect address will be subject to the corresponding return fee: -$5.00
In the event that your package is returned back to our facility, we will attempt to contact you 3 times via email in an effort to send a replacement. If we are unable to confirm the correct shipping address, your original order will be refunded minus the return fee stated above.
LIMITATION OF LIABILITY
Foxy Fane 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 Foxy Fane 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 Foxy Fane 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.
SMS
If you elect to receive marketing or promotional offer messages, you consent to receive recurring SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us. In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
PRIVACY
FoxyFane 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.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, non-infringement or course of performance.
Foxy Fane its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
ALLERGIES
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!
NO IMPLIED ENDORSEMENTS
This site may contain links to sites maintained by third parties. Foxy Fane 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 FoxyFane.com is operated and provided in the State of PA and NY. As such, Foxy Fane is subject to the laws of the State of PA/NY and such laws will govern the terms of this use. Foxy Fane 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 Foxy Fane, you agree to do so subject to the laws of the State of PA/NY. Any dispute arising out of the terms and provisions of this Use Agreement shall be governed by the laws of the State of PA/NY and any action brought in law or in equity shall be brought only in a court of appropriate jurisdiction in the State of NY.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
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. FoxyFane.com reserves the right to make changes to these terms and conditions at anytime without notice.