Terms Of Use
Terms Of Use - www.bocajava.com
PLEASE CAREFULLY REVIEW THEH TERMS OF USE OF THIS SITE. BY USING THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. WE MAY PERIODOICALLY UPDATE THE TERMS. PLEASE CHECK BACK PERIODICALLY AS YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF CHANGES.
We make all reasonable efforts to provide accurate and timely information about Boca Java and bocajava.com on this site, however, please do not assume that all information provided is fully updated or that this website is all-inclusive of information about Boca java.
Usage Restrictions:
Material from www.bocajava.com, (and any other website owned, operated, licensed, or controlled by Boca Java or any its related, affiliated, or subsidiary companies), may not be copied, distributed, republished, uploaded, posted, modified, adapted, deleted, changed, or transmitted in any way, without the prior written consent of Boca Java, except as follows: You may download available logo and links from bocajava.com as part of our "Refer A Friend" Program, or as the result of a promotional campaign in which Boca Java makes these links available. Affiliates of Boca Java may use elements based upon the terms of the Affiliate agreements. Modification or use of the materials for any other purpose violates the intellectual property rights of Boca Java.
Feedback and Submissions:
We appreciate your interest in Boca Java, we are unable to accept any ideas, graphics or other materials that are considered proprietary in concept, design, technology or other format. Therefore, any materials submitted by you will be deemed the property of Boca java, and you are granting Boca Java a royalty-free, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate and distribute these materials in any and all medium through any transmission method. You will relinquish all rights to your submissions, and Boca Java will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensating you or any other person sending the Submission. You acknowledge that you are responsible for any Submission you make and that you, and not Boca Java, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability:
Boca Java will not be liable for any damages or injury, including but not limited to special or consequential damages caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. Boca Java will not be liable for any damages or injury, including but not limited to special or consequential damages, resulting from the use of, or the inability to use, the materials in this site, even if there is negligence on the part of Boca Java, or if an authorized representative of Boca Java has been advised of the possibility of such damages, or both. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The total liability to you of Boca Java for all losses, damages, and causes of action (whether in contract, tort or otherwise) will not be greater than the amount you paid to access this site.
Disclaimer:
The materials in this website are provided 'as is' and without warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Boca Java disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Boca Java does not guarantee that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Boca Java does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Boca Java) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Jurisdiction:
Unless otherwise specified, the materials in this site are presented to provide information about Boca Java and its products. Boca Java controls and operates this site from its headquarters in Denver, Colorado (USA) in the United States of America. Boca Java makes no representation that the materials on the site are appropriate or available for use in locations outside of the United States. If you use this site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
Additional Terms:
Certain products or services offered by this website and certain areas of the website may be governed by additional terms of use and/or other agreements presented in conjunction with those products or services that you have selected. You must agree to these Additional Terms before using those areas. In the event of a difference in interpretation of the Additional Terms and this Terms of Use, the Additional Terms take precedence.
Miscellaneous:
These Terms of Use, and the agreement they create, shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. If any provision of this agreement is unlawful, void, or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. Boca Java may modify these Terms of Use, and the agreement they create, at any time simply by updating this posting and without notice to you.
Termination:
This agreement is effective until terminated by either party. You may terminate the agreement at any time by destroying all materials obtained from all Boca Java sites, along with all related documentation and all copies and installations (together, the 'Materials'). Boca Java may terminate the agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all Materials.
Billing Information:
With your permission as part of the check out process, deliveries will be billed to your credit card of record. We accept all major credit cards -- VISA, MasterCard, American Express and Discover. For safety, your credit card information is encrypted and locked so that it may not be viewed by outside parties, Boca Java employees, or customer service representatives. Boca Java will never display your complete credit card number on-screen.
Return Policy:
If for any reason you are not satisfied with your order, please notify us right away by emailing support@bocajava.com or calling 888-262-2528, Monday through Friday from 8:00am-5:00pm MST.All returns and exchanges must be initiated with our Customer Relations Department within 15 days of your original order ship date, and products must be received back in our warehouse within 30 days of your order ship date.
For items that are broken, defective, incorrect or missing, we will re-ship replacement item(s) at no charge to you.
Food Product Return Policy: As a roast-to-order coffee company with exacting freshness and quality standards, and in support of COVID-19 protocols, we are unable to resell any returned consumable product. For this reason, we do not offer credit card refunds for returned consumable products. Instead, we will provide store credit in the amount that you paid for your items, less shipping costs which will not be refunded. Store credits must be used within 90 days of the issue date to avoid expiration.
Non Food Product Return Policy (such as equipment and accessories): We will gladly return or exchange any non-consumable product within 30 days of the order ship date for a complete refund, less shipping charges which will not be refunded. All returned items must be in new and unused condition upon receipt. Items returned in any other condition will not be refunded, and can be returned to you at your expense.
Items that cannot be returned or exchanged: Jamaican Blue Mountain Coffee, Hawaiian Kona Coffee, any coffee purchased on a $5 Coffee promotional offer, and any order in which a gift item or premium was included as part of an introductory offer are nonrefundable.
To start your return please follow these steps:
Contact us by emailing support@bocajava.com or calling 888-262-2528, Monday through Friday from 8:00am-5:00pm MST.
Ship the product to the following address via UPS, USPS or any method with tracking to the address below:2
Boca Java
Attn: Returns
610 E. 55th Avenue, Suite 300 Denver, CO 80216
Please include the original Order # and your contact information, email and/or phone # inside the package.
Replacement orders and/or store credits will be initiated within 72 hours from the time the return is received.
Credits:
Once we start roasting your order all credits must be given as store credits. We are unable to issue a credit back to your credit card. Store credits are valid for 90 days from date of issuance.
Special Offers:
Along with your deliveries, you will receive special offers, promotions, tips, and seasonal catalogs from Boca Java.
- Limit one offer or membership per household
- Orders are subject to approval
- All offers are subject to expiration and availability
Substitutions:
For any offer or promotion, Boca Java reserves the right to substitute for the free gift, another gift of equal or greater value when limited supplies are exceeded. As always, your satisfaction is guaranteed. You may return the substituted item if you are not satisfied.
Prices:
All prices are subject to change at any time at the discretion of Boca Java.
Shipment Arrival Time:
Your coffee will be fresh roasted-to-order after you place your order, usually the next day. It typically takes 48 - 72 hours to roast and ship coffee orders. Shipping times for orders that do not include coffee are commonly 24 - 48 hours. Shipping dates may be impacted by weekends and holidays. Orders are sent via UPS or USPS. Depending on your location, shipping times range from 1 to 10 days. UPS Overnight and 2-Day Express Delivery are available for an additional surcharge. If you would like to choose one of these shipping options, please specify your preferred shipping method at time of checkout, and your shipping cost will be adjusted. To track your order, click on My Account.
Shipping Costs:
Shipping costs vary based on weight, delivery method, and destination. Shipping costs are calculated and displayed at the time of checkout. If we incur increased costs for shipping and processing to certain addresses, an additional surcharge may be assessed. P.O. boxes, APO addresses, and shipments to Hawaii, Alaska, and all U.S. territories are assessed an additional $4 shipping charge ($8 for packages weighing more than 10 lbs.). Currently, we do not ship internationally.
Your Scheduled Deliveries:
If you are a Home Delivery Service member, please refer to the specific terms of your trial offer, which may be found on the My Account page, or call our customer service department at 1.888.BOCA.JAVA.
Mobile Terms & Conditions
BOCA JAVA offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 51948. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. BOCA JAVA reserves the right to stop offering the Service at any time with or without notice. BOCA JAVA also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
- Authorize BOCA JAVA to use an automatic telephone dialing system to send recurring text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, Customer service at 888-BOCA-JAVA (888-262-2528). To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 51948, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:
- Sale promotions
- Event information
- Product launch announcements
- Cart reminders
- Back in stock alerts
- Price drop alerts
- Low inventory alerts
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. BOCA JAVA may add or remove any wireless carrier from the Service at any time without notice. BOCA JAVA and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from BOCA JAVA, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 51948 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from BOCA JAVA. You can also contact us at 888-BOCA-JAVA (888-262-2528). These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 51948. This will provide you with oll-free-number 888-BOCA-JAVA (888-262-2528). You can also contact us at Boca Java Customer Serivce 7295 Washington St Denver, CO 80229.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Boca Java's services will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Boca Java hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Boca Java ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Boca Java AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Boca Java are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Boca Java, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA's Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
