Terms of service

Welcome to 8ThatCandy! Boeckman Fresh Farms, LLC operates this store under the BFF Freeze-Dried Foods and 8ThatCandy names. The terms “we,” “us,” and “our” refer to Boeckman Fresh Farms, LLC.

We operate this store and website, including all related information, content, features, tools, products, and services, to provide customers with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms carefully. They include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy, available at https://8thatcandy.com/policies/privacy-policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or that you have given consent for your minor dependents to use the Services on devices you own, purchase, or manage.

To access or use certain Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and delivery address. You represent that all information you provide is accurate, current, and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account. You may not transfer, sell, assign, or license your account to another person without our permission.

Approved wholesale accounts may be subject to additional account requirements, purchasing minimums, pricing rules, delivery arrangements, and other terms communicated separately.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately represent our products through descriptions, photographs, and other information. Colors, size, texture, shape, and appearance may vary because of differences in screens, photography, raw materials, production batches, and the freeze-drying process.

Freeze-dried products may vary naturally between packages. Minor variations in size, shape, color, expansion, breakage, or appearance do not necessarily indicate a product defect.

Product descriptions, ingredients, availability, packaging, prices, and other product information may be changed without notice. We reserve the right to discontinue products or limit quantities offered to any customer, geographic area, or jurisdiction.

Customers are responsible for reviewing product descriptions, ingredient information, and allergen statements before purchasing or consuming a product. If you have a serious food allergy or dietary concern, contact us before ordering.

SECTION 3 – ORDERS

Submitting an order constitutes an offer to purchase. We reserve the right to accept, reject, limit, or cancel an order for any lawful reason. An order is not accepted until we confirm it and successfully receive or process payment.

Please review your order carefully before submitting it. We may be unable to accommodate changes or cancellations after preparation or fulfillment begins.

If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing address, delivery address, or telephone number provided with the order.

Purchases are subject to our Return and Refund Policy, available at https://8thatcandy.com/policies/refund-policy.

Unless you are an approved wholesale customer, you represent that purchases are for personal or household use and not for commercial resale or export. Approved wholesale customers may purchase products for resale subject to their wholesale account terms.

Wholesale orders may be subject to minimum order values, minimum quantities per product, delivery charges, production schedules, payment requirements, and other conditions communicated through the website, customer account, invoice, catalog, or wholesale agreement.

SECTION 4 – PRICES, PROMOTIONS, AND BILLING

Prices, discounts, promotions, product availability, and special offers may change without notice. The price charged will be the price shown when the order is submitted, subject to correction of errors.

Unless expressly stated otherwise, displayed prices do not include applicable taxes, shipping, handling, or delivery charges. These additional charges will be displayed during checkout when applicable.

Prices offered online may differ from prices offered at events, physical retail locations, wholesale accounts, or third-party retailers.

Promotions may be governed by separate terms. If promotional terms conflict with these Terms, the specific promotional terms will control for that promotion.

You agree to provide accurate and complete billing, payment, and account information and to update that information when necessary.

You represent that you are authorized to use the payment method submitted and agree to pay all authorized charges, including applicable taxes, shipping, handling, and delivery charges.

SECTION 5 – SHIPPING AND DELIVERY

Retail and wholesale shipping and delivery are governed by our Shipping Policy, available at https://8thatcandy.com/policies/shipping-policy.

Processing and delivery dates are estimates unless we expressly agree otherwise in writing. We are not responsible for delays caused by carriers, severe weather, natural disasters, incorrect addresses, production interruptions, or other circumstances outside our reasonable control.

Customers are responsible for providing an accurate and complete delivery address. Additional charges resulting from an incorrect, incomplete, or undeliverable address may be the customer’s responsibility.

Once an order is transferred to a shipping carrier, delivery is subject to the carrier’s operations and service conditions. Nothing in this section limits any rights or remedies that cannot lawfully be limited.

SECTION 6 – INTELLECTUAL PROPERTY

The Services—including trademarks, trade names, logos, characters, mascots, product names, text, photographs, graphics, designs, videos, audio, website content, and the selection and arrangement of that content—are owned by or licensed to Boeckman Fresh Farms, LLC and are protected by applicable intellectual-property laws.

These Terms permit personal, noncommercial use of the Services. Unless we provide written permission, you may not reproduce, copy, modify, publish, distribute, publicly display, publicly perform, republish, download, store, sell, license, or transmit material from the Services.

Nothing in these Terms grants a license or other ownership right in intellectual property belonging to Boeckman Fresh Farms, LLC, Shopify, or any third party.

The names BFF Freeze-Dried Foods, BFF Candy & More, 8ThatCandy, associated logos, product names, designs, characters, and slogans may be trademarks or other protected property of Boeckman Fresh Farms, LLC or its licensors. They may not be used without permission.

Shopify’s names, logos, products, and services belong to Shopify. Other names, logos, products, and services appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools or services offered by third parties. We might not monitor or control those third-party tools.

Access to optional third-party tools is provided “as is” and “as available,” without warranties, representations, endorsements, or conditions of any kind to the fullest extent permitted by law.

Use of optional tools is at your own discretion and risk. You should review and understand the third party’s applicable terms and policies before using its services.

New tools, features, or resources offered through the Services will also be subject to these Terms unless different terms are expressly provided.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links, materials, or functionality provided by third parties. We are not responsible for evaluating or guaranteeing the accuracy, security, availability, or content of third-party websites or services.

If you leave our Services to access third-party materials or websites, you do so at your own discretion and risk.

We are not responsible for harm or damages relating to third-party websites or to products, services, resources, or content obtained from third parties. Review the third party’s terms and policies before completing a transaction.

Questions or complaints regarding third-party products and services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify, which enables us to provide the Services. However, purchases made through our store are made directly from Boeckman Fresh Farms, LLC—not from Shopify.

By using the Services, you acknowledge that Shopify is not responsible for sales between you and Boeckman Fresh Farms, LLC, including injury, damage, or loss resulting from purchased products or services.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions made with us.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is governed by our Privacy Policy, available at https://8thatcandy.com/policies/privacy-policy.

Certain personal information may also be governed by Shopify’s Privacy Policy, available at https://www.shopify.com/legal/privacy/app-users.

Because Shopify hosts the Services, Shopify collects and processes certain information relating to your access and use of the Services. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your state or country, as described in the applicable privacy policies.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, proposals, plans, photographs, videos, or other content relating to the Services (“Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for lawful business purposes.

You represent that you own or have the necessary rights to submit the Feedback, have disclosed any compensation or incentive associated with it, and that the Feedback does not violate these Terms or another person’s rights.

We are not required to keep Feedback confidential, compensate you for Feedback, publish it, retain it, or respond to it.

We may monitor, edit, decline to publish, or remove Feedback that we reasonably determine is unlawful, threatening, defamatory, obscene, misleading, infringing, abusive, or otherwise objectionable.

Feedback must not violate another person’s intellectual-property, privacy, publicity, personality, or proprietary rights. It must not contain malware, impersonate another person, use a false identity, or misrepresent its source.

You remain responsible for the Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions involving product descriptions, ingredients, pricing, promotions, shipping charges, delivery times, availability, or other matters.

We reserve the right to correct errors, update information, modify or cancel orders, and change or discontinue offers when information is inaccurate, including after an order is submitted, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

(a) engage in unlawful, fraudulent, deceptive, or malicious activity;

(b) violate any applicable international, federal, state, or local law or regulation;

(c) infringe our intellectual-property rights or the rights of another party;

(d) harass, abuse, threaten, defame, discriminate against, intimidate, or harm another person;

(e) submit false, deceptive, or misleading information;

(f) upload or transmit material that violates these Terms;

(g) distribute unsolicited advertisements, junk mail, chain letters, spam, or similar solicitations;

(h) impersonate another person or entity;

(i) introduce viruses, malicious code, or harmful technology;

(j) collect or track another person’s personal information without authorization;

(k) scrape, copy, extract, reproduce, duplicate, resell, or exploit the Services or their content without permission;

(l) interfere with, bypass, or circumvent security, authorization, access controls, robot-exclusion headers, or other protective measures; or

(m) engage in conduct that restricts another person’s use of the Services or exposes us, Shopify, or another person to harm or liability.

We may restrict, suspend, disable, or terminate access if we reasonably believe these Terms have been violated.

SECTION 14 – AUTOMATED AGENTS

This section applies if a person uses, enables, or deploys software that takes autonomous or semi-autonomous action to access or interact with the Services (an “Agent”).

An Agent must identify itself accurately and comply with applicable technical requirements, laws, policies, access restrictions, and instructions.

An Agent must not conceal or misrepresent its automated nature, imitate human behavior to evade controls, circumvent CAPTCHAs, avoid access restrictions, or bypass measures intended to identify, limit, or block automated access.

We may use technical or other measures to limit or prohibit automated access to the Services.

SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services, or any portion of them, when permitted by law, including when we reasonably believe these Terms have been violated.

You remain responsible for amounts properly due through the date of termination.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, severability, governing law, and obligations accrued before termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information available through the Services is provided for general informational purposes. We do not guarantee that all information is complete, accurate, useful, current, uninterrupted, secure, or error-free.

To the fullest extent permitted by law, the Services and products offered through the Services are provided “as is” and “as available,” except for warranties expressly provided by us in writing or warranties that cannot lawfully be excluded.

To the fullest extent permitted by law, we disclaim implied warranties and conditions, including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions do not permit certain exclusions or limitations of warranties. In those jurisdictions, portions of this section might not apply.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Boeckman Fresh Farms, LLC and its owners, officers, employees, affiliates, agents, contractors, service providers, licensors, and partners will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs arising from or relating to the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Because some jurisdictions do not permit certain liability limitations, portions of this section might not apply to you.

SECTION 18 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Boeckman Fresh Farms, LLC, Shopify, and their respective affiliates, owners, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable attorneys’ fees arising from:

(a) your material breach of these Terms;

(b) your violation of applicable law or another party’s rights; or

(c) your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. Failure to provide prompt notice will not relieve your obligations unless the delay materially prejudices your ability to respond.

We may control the defense and settlement of a claim at your expense, including the reasonable selection of counsel, but will not agree to a settlement requiring nonmonetary action from you without your consent, which will not be unreasonably withheld.

You agree to cooperate reasonably in the defense of an indemnifiable claim.

SECTION 19 – SEVERABILITY

If a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the greatest extent permitted by law or severed to the minimum extent necessary.

The determination will not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision does not waive that right or provision.

These Terms, together with the policies and operating rules referenced herein, constitute the entire agreement between you and us concerning use of the Services, except for additional written agreements applicable to approved wholesale customers or other specific transactions.

They supersede prior or contemporaneous communications and proposals concerning the Services.

Ambiguities in these Terms will not automatically be interpreted against the party responsible for drafting them.

SECTION 21 – ASSIGNMENT

You may not transfer, delegate, or assign these Terms or your rights or obligations under them without our prior written consent. An attempted transfer without consent may be void.

We may transfer, assign, or delegate our rights and obligations as permitted by law.

SECTION 22 – GOVERNING LAW

These Terms and any separate agreement through which we provide Services are governed by applicable United States federal law and the laws of the State of Texas, without regard to conflict-of-law principles.

The parties consent to the jurisdiction and venue of courts having lawful jurisdiction where Boeckman Fresh Farms, LLC is headquartered, except where applicable law provides otherwise.

SECTION 23 – HEADINGS

Headings are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

The current version of these Terms may be reviewed on this page.

We may update, modify, or replace portions of these Terms by posting an updated version through the Services. Material changes will be communicated when required by applicable law.

Unless otherwise stated, changes become effective when posted. Continued use of the Services after an effective change constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms should be sent to Sales@bffcandy.com.

Boeckman Fresh Farms, LLC
BFF Freeze-Dried Foods / 8ThatCandy
Caddo Mills, Texas 75135
United States
Email: sales@bffcandy.com
Phone: (844) 394-4233