By using the website provided by Texas Farm Box (that links to these Terms) you agree to be bound by these terms and all the terms incorporated herein by reference. If you do not agree to these terms, you may not use the website or order, receive, or use products made available through the website (referred to herein as “products”). If you are using the website 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. Texas Farm Box 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 website, or updating the “Last Updated”.
Account and Communication Preferences
To access and use certain areas or features of the website, you will need to sign up for a Texas Farm Box account. By creating an account, you agree to provide accurate, current, and complete account information. Please maintain and update your account information as necessary. Maintain the security of your password and immediately notify us if you discover or otherwise suspect any security breaches related to your account.
When you create your Texas Farm Box account you may be asked for your home telephone and/or cellular telephone number so that we may contact you regarding important information about your service and account, and to provide special offers to our customers. By providing your home and/or mobile telephone numbers you consent to receive autodialed and/or pre-recorded calls (or text messages if you provide your mobile telephone number) from or on behalf of Texas Farm Box regarding important information about your service and account and to provide special offers to our customers to the telephone number(s) provided. You also consent to receive communications from Texas Farm Box (for example, via email or by notices on the website). These communications may include notices about your account (for example, 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 may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Terms of Sale
We offer different subscription plans. For more information about our Box Subscriptions, please visit the FAQs or contact us by phone or email. Note that we do not currently deliver boxes to every location every week. When you register for a Box subscription, you expressly acknowledge and agree that Texas Farm Box (or a third-party payment processor) is authorized to charge you on a weekly, bi-weekly, or monthly basis for your Box subscription (in addition to any applicable taxes and other charges) for as long as your Box subscription continues, and your Box subscription is continuous until you cancel it or we suspend or stop providing access to the website or products in accordance with these terms. You may skip your order as often as you would like by managing your delivery schedule through your account, or by contacting us at email@example.com
If you are dissatisfied with your subscription for any reason, please contact us either by phone or email. We would love the opportunity to make things right. However, you do have the right to cancel your subscription should you choose. Please review the below policies:
Weekly / Bi-weekly / Monthly: If you pay weekly or bi-weekly and wish to cancel your subscription, please contact us by phone or email before your next order deadline and we will stop delivery and charges for all forthcoming deliveries. Email us at firstname.lastname@example.org. In the event you cancel your Box Subscription, please note that we may still send you promotional communications about Texas Farm Box unless you opt-out of receiving those communications by following the unsubscribe instructions provided therein.
Returns and Refunds
If you are dissatisfied with any product, please contact us at email@example.com within 48 hours of your delivery, and, depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price for that box or product. We may require the return or photographic documentation of any product with which you are dissatisfied before we provide you a replacement, credit, or refund.
We may offer free trials of certain subscriptions for specified periods of time without payment that you may sign up for. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the trial or at registration. However, a Texas Farm Box account, which includes placing a credit card on file to access the website, will be required. If you signed up for a promotion, once your promotion 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 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.
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). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order(s) may be suspended or canceled. You must resolve any problem we encounter to proceed with your order. In the event you want to change or update payment information associated with your Texas Farm Box account, you can do so at any time by logging into your account and editing your payment information, or by emailing us at firstname.lastname@example.org. You acknowledge that the amount billed may vary due to changes to your Box subscription, 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.
Pricing and Availability
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 produce items) without prior notice. We strive to provide you with high-quality products and given the perishable nature of certain products and conditions beyond our control, we may be required to make substitutions from time to time. When you subscribe to your Box subscription, you are agreeing to pay the total subscription price for the mix of items included in that delivery. Individual prices are not available for these specific items as your purchase is of the mixed box, not the individual items. If you are not satisfied with a substitution, please contact us at email@example.com
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. You should always inspect your delivery to confirm that the products arrive in a cool condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which there is dairy, meat, some higher moisture cheeses, refrigerated eggs is 40° F or below. In the event that such a temperature zone is above 40° F, or you have any other reason to believe that any other product in your delivery is not suitable for consumption, contact us at firstname.lastname@example.org. To maintain the quality and freshness of the products, we recommend that you immediately refrigerate all perishable products upon delivery. From the time of delivery, the condition and consumption of the products are solely at your risk.
Our delivery driver will leave the package for you at your door during the hours indicated on your drop area. Depending on the season and temperature in your area at the time of delivery, it is best for you to have a plan for proper storage of your products prior to consumption. 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, the delivery may occur prior to the scheduled delivery date. If timely delivery of your order is not feasible, we will cancel your order for the period so affected and issue you a credit or refund of the purchase price for that Box delivery.
Texas Farm Box attempts to be as accurate as possible. However, Texas Farm Box does not warrant that product descriptions, photos, or other content of any product is accurate, complete, or error-free. If a product offered by Texas Farm Box itself is not as described, your sole remedy is to receive a refund for the product. We at Texas Farm Box are farmers and know that farmers cannot grow items that are all perfect and all exactly uniform. For this reason, any weights displayed are approximate and intended to communicate approximate amounts of product that you will receive. While we do not anticipate weights to be incorrect, your sole remedy for any error or documented weight-related issue will be resolved via credit or refund for the product in question.
We may display content and promotions from third parties through our website and or social media accounts or in shipments with products. We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties and that Texas Farm Box is not responsible or liable in any manner for such interactions or Third-Party Content.
To the fullest extent permitted by applicable Texas law, you agree to indemnify, defend and hold harmless Texas Farm Box, and its past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to your use or misuse of the website, content or products.
You are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use, and consumption of the products you receive from us. You are also solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using, or consuming such products.
We attempt to display the products and other materials and information you view on the website, including pricing and any nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information and are not responsible for any claims arising or resulting from your reliance thereon. In the event of an error on our website, in an order confirmation, in processing or delivering an order, or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund.
This agreement and any amendments thereto and all matters out of or relating to this agreement will be governed by and construed in accordance with the laws of the state of Texas, without giving effect to the conflicts of laws provisions thereof. Any action to enforce this agreement must be brought solely in the state or federal courts located in Texas
Information we collect
We will not collect any personal information about you except when specifically and knowingly provided by you. We collect information from you when you register on our site, subscribe to a newsletter, make a purchase, respond to a survey, fill out a form, enter other information on our site.
How we use information
We may use the information you provide in order to:
Personalize your experience and allow us to deliver the type of content and product offerings in which you are most interested.
Improve our website in order to better serve you.
Allow us to better service you in responding to your customer service requests.
Administer a contest, promotion, survey, or other site feature.
Follow up after correspondence (email or phone inquiries)
Help remember and process the items in the shopping cart.
Understand and save user's preferences for future visits.
Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient and may not function properly, like automatic login.
How we work with third-parties
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect our or others' rights, property, or safety.
Google & Tracking
We use Google Analytics on our website.
Users can visit our site anonymously. We also honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
COPPA (Children Online Privacy Protection Act)
We do not specifically market to children under the age of 13 years old. If we become aware that we have collected personally identifiable information from someone under the age of thirteen, we will remove that child’s personal information from our database.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur we will notify you via email within 7 business days.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.