Terms of service

Effective Date: [November 6, 2023]

These Terms and Conditions (these “Terms”) form an agreement between you (the “Customer”) and us (“Toast To Coffee”) regarding your use of our website and purchase of our coffee products (our “Services”). You are required to read and agree to these Terms before you purchase from us.

 

1. Your Acceptance

By using our Services, you represent that you have reviewed these Terms and have consented to them. If you do not agree with any portion of these Terms, you should refrain from using our Services. If you agree to these Terms on an entity’s behalf, you warrant and represent that you have the authority to accept them on behalf of such an entity. And you acknowledge and agree that these Terms also bind that entity. 

 

2. Company Information

The website and the sale of coffee products are provided by Toast To Coffee, LLC, a company operating in the State of Texas, United States. For the sake of these Terms, Toast To Coffee, LLC may be referred to as “Toast To Coffee,” “we,” “us,” or “our.” 

If you have any questions, inquiries, issues, complaints, ideas, or suggestions regarding these Terms or our products, please reach out to us at info@toasttocoffee.com or use the "Contact" section of our website. We will attend to you as soon as reasonably possible. 

 

3. Eligibility

You may only order from us if you are up to the age of consent in whatever location you are, and your use must not be in breach of any applicable laws or these Terms. By purchasing from us, you represent that you meet the foregoing eligibility criteria. 

 

4. Account and Registration

Creating an account is not mandatory to order on the website, but it has its benefits. If you ever create an account, you promise to provide accurate information, and you promise to correct any inaccurate information when necessary. Toast To Coffee will not be liable for any losses that happen as a result of inaccurate information supplied by you. 

 

5. Personal Information and Privacy 

When you order from us or use the website, we may collect personal and non-personal information from you, including shipping address, payment method, billing, contact, and the like, which are necessary to take your orders, identify you, communicate with you, and deliver your orders. 

We handle your information with utmost care. Our Privacy Policy describes the types of information, how we collect it, why we collect it, who we share it with, how we secure it, and the rights afforded to you by your location laws. Please, review our Privacy Policy and consent to it before submitting personal information. By using our Services, you confirm that you have read and agree with our privacy practices. 

 

6. Terms of Sale 

This section contains the terms and conditions at which we sell our coffees to you. By purchasing from us, you agree to the terms in this section. 

• Order acceptance: A request to purchase from us is an offer, which we have the right to accept or refuse at our discretion. Once you make us an offer, a receipt detailing your request will be sent to your email. This does not mean that we have accepted your offer. If we accept your offer, a new mail will be sent to your email address notifying you of our acceptance and applicable information. 

• Product availability: Your orders are subject to availability. If a particular product in your order is unavailable or out of stock, we will inform you and provide alternatives, if possible. If you do not want the suggested alternative, we will remove it from your order and issue a refund to your payment method. 

• Pricing, tax, and payment: Our coffee products are listed in their original pricing and the United States Dollars (USD). If you order from outside of the US, the price may automatically be converted to your local currency based on the current exchange rate. Our prices do not include shipping fees and any taxes, duties, or similar charges. The applicable taxes, shipping, and charges will be calculated on the checkout page and added to your order. We support different payment methods, including Credit/Debit Cards, Shop Pay, and GPay. The options will be provided on the payment page before checkout. By providing us with your payment method, you warrant that it has sufficient funds, you have the authority to use it, and you permit us to charge the applicable amount. 

• Errors: If any product price is listed on the website by error, we reserve the right to adjust the price and give you the option to cancel or go with the correct price. 

• Shipping policy: We ship within the US, Canada, Europe, and other locations – provided they are supported by our shipping partners. Your orders will be shipped to the address you specify on the checkout page. We encourage you to submit accurate shipping information, as we will not be liable for any losses for an incorrect address. We attempt to process and ship all orders within 5 business days. Delivery times are based on factors such as the distance in location and the weight of your order. The cost of shipping will be displayed on the checkout page. To learn more about shipping and delivery, review our shipping policy.

• Customs and duties: If you order from outside of the US, customs duties, taxes, and fees may apply. These charges are the responsibility of the customer and are not added to the amount you pay at checkout. We advise that you learn about the applicable fees charged by your government for the importation of goods. 

• Cancellation policy: You may be able to cancel your order before we send a shipping notice. Once your order has been shipped, cancellation is closed. You can send a cancellation notice to us at info@toasttocoffee.com or use the “Contact” section of the website. 

• Return and refund policy: We do not accept refunds for dissatisfaction due to the nature of the product. However, if the coffee we send to you is not the one you ordered, you may request a refund or exchange. You can email us at info@toasttocoffee.com or use the “Contact” section of the website for any issues regarding refund or exchange within 14 days of receiving your order. You can learn more about refunds and exchanges in our [insert refund policy link]. 

• Title and risk of loss: You hereby agree that once an order has been successfully delivered to you, the title and risk of loss immediately pass you. 

By requesting to purchase our coffee products, you confirm that you have reviewed these terms of sale section and agree to them. 

 

7. User Submissions

Certain areas on the website allow you to submit content such as reviews, comments, and feedback (“Submissions”). When you make Submissions, you grant Toast To Coffee a non-exclusive, sublicensable, royalty-free license to host, display, and use your Submissions on the website and across other media known to us, including for marketing purposes. 

If your Submission contains an idea, you agree that we do not have any responsibility to compensate you when we use your idea. You further agree that Submissions about reviews and feedback are not our opinions – they are those of other customers. We will not be liable for any dissatisfaction you experience due to Submissions appearing on the website.

Nevertheless, we want Submissions to conform to ethical standards. We may review and monitor Submissions for violations of these Terms. We reserve the right to remove your Submissions if we believe they are offensive, vulgar, obscene, inappropriate, or otherwise unpleasant to any group or race. 

In other words, your Submissions must not:

• Be misrepresented, untrue, or contain any inaccurate, fabricated facts;
• Be indecent, ridiculous, lascivious, intimidating, mocking, or insulting to any race, individual, group, tribe, color, gender, or government;
• Contain any material or information that promotes any services or products not solicited; or
• Contain links and services that go against these Terms. 

 

8. Intellectual Property Ownership

All the materials, content, trademarks, and information appearing on the website, including images, trade name, domain name, website design, look and feel, and service marks, are the properties of Toast To Coffee and respective licensors. These properties are subject to copyright, trademark, and other intellectual property rights in the US and other locations. Your access and use of our products and website do not confer any ownership rights or license to use these properties without permission from us. 

You may not use, reproduce, adapt, modify, distribute, publicly perform, or create derivate works from our materials and content without proper written permission from us or the owners. Your use of these properties in any manner not permitted under these Terms or in writing is illegal and may attract legal consequences. 

Furthermore, you may not use our trademarks, including in conjunction with any other services or products in any manner that may confuse the public or disparage us.

 

9. License Grant

By your compliance with these Terms, Toast To Coffee hereby grants you a revocable, non-sublicensable, non-transferable, limited license to access our website, purchase our products, and use any of our properties, including materials for your personal, non-commercial use. 

You may purchase our products for reselling, but you may not alter our properties or use them along with other products. We reserve all the rights not granted hereunder. 

 

10. Prohibited Conduct

Concerning your use of our website, you agree to stay away from the following prohibited conduct. This includes:

• Not misusing the website, including engaging in any activity that is likely to disrupt or interfere with the proper functioning of the website. This may include, without limitation, hacking, tampering, and attempting to access systems, sections, and accounts you do not have authorization to access. 

• Not engaging in any fraudulent activities, including credit card fraud, theft, or any attempt to deceive Toast To Coffee. 

• Not accessing any other user’s account without written permission from them or Toast To Coffee. 

• Not engaging in any intellectual property violations, including using our copyright or trademarks or those of third parties in ways not licensed under these Terms. 

• Not engaging in any data scraping or harvesting activities, including scraping, harvesting, or extracting information from our website so as to launch a similar service.

 

11. Loyalty Programs and Promotions

Toast To Coffee may offer loyalty programs, discounts, and promotions from time to time. These programs may come with additional terms that govern them. If any terms apply to any program, they shall be in addition to these Terms, but if a portion of a program’s terms conflict with these Terms, the loyalty program terms shall apply.

 

12.Termination and Survival

If we have a reason to believe that your purchase from us violates any applicable laws, regulations, or statutes, we reserve the right to terminate your use without liability. This includes refusing to deliver your order where reasonably necessary. 

If, for any reason, your use of our Services is terminated – including where you willingly terminate it yourself – the provisions, sections, and portions of these Terms that by their nature are expected to remain effective shall continue to be effective. This may include, without limitation, our intellectual property, indemnification, and limitation of liability. 

 

13.Third-Party Links and Services

The website may contain links and content that are controlled by third-party entities. The inclusion of any third-party links and services on our website does not constitute our control of the affairs of those links. In other words, these Terms do not govern any third-party links or services. By linking to another website or using their services through our website, you release Toast To Coffee from any liabilities you may incur. 

 

14.Disclaimer of Warranties

The information we provide on the website, including the descriptions, is for informational purposes only. And except for any warranties specifically provided on our coffee beans, we do not make any warranties of any kind regarding our website and Services. 

We provide our Services and website on “as is” and “as available” basis without warranties of any kind – whether express or implied, including the implied warranties of merchantability, fitness for a purpose, title, and non—infringement. 

We do not warrant that our coffee beans or any features on the website will always be available, reliable, accurate, perfect, correct, safe, or error-free, nor do we warrant that the website will be from bugs, trojan horses, worms, viruses, and other harmful programs from third parties. Furthermore, we do not warrant that your information or systems are 100% secure.

 

15.Limitation of Liability

To the fullest extent permitted by the applicable law, under no event shall Toast To Coffee (or any of our agents, affiliates, suppliers, employees, licensors, and owners) be liable to you or any third party for any indirect, consequential, incidental, or punitive damages, including loss of profit, data, revenue, goodwill, or any intangible damages – whether based in contract, tort, negligence, or otherwise – as a result of your use of our products, website, or Services. This applies even if Toast To Coffee has been aware of the possibility before it happens. 

Notwithstanding, if Toast To Coffee is found liable for any damages by law, our total liability shall not exceed the total order fees or a sum of $100 – whichever is greater. 

Some jurisdictions do not allow the exclusion of consequential or incidental damages. If this applies to you, then some of the limitations above may not apply to you. 

16. Indemnification

You hereby agree to defend, indemnify, and hold Toast To Coffee (and affiliates, agents, suppliers, employees, licensors, and owners) harmless from and against, any losses, damages, liabilities, claims, or demands, including reasonable attorney’s fees and responses, made by any third party due to or arising out of your purchase and use of our coffee beans, Services, website, and content, or your breach of these Terms, your warranties, or any applicable laws. 

17. Governing Law and Jurisdiction

These Terms and all aspects of our Services are governed by and construed in accordance with the laws of the State of Texas, US, without regard to conflict of law and its principles. You agree that any dispute you may have concerning your purchase of our product shall be settled in the state or federal courts located in the State of Texas unless agreed otherwise in writing. 

 

18. Export and Sanctions 

By purchasing coffee beans from us, you represent that you comply with export laws and regulations imposed by the US or any other relevant jurisdiction. You represent that you are not located in any location or country that is subject to the US sanctions and embargoes or listed on any US government-denied party list. You also agree that you will not re-export our products to any locations subject to the foregoing. 

We reserve the right to refuse your order or cancel it if we have a reason to believe that your use of our Services violates this Export and Sanctions provision. 

 

19.Modifications to these Terms

These Terms are subject to updates, changes, and modifications, which may be as a result of changes in our Services or any applicable laws. Any modifications to these Terms shall become effective immediately after we make and post them on this page. We may notify you of any modifications via your email address or a section of our website. Nevertheless, you should review this page from time to time to be aware of any updates. By your continued use of our website after we modify these Terms, you represent your agreement with the modifications made. 

 

20.Miscellaneous Terms

These Terms and embedded links are the entire agreements between you and Toast To Coffee concerning your purchase of our products and use of our website. Together, they supersede any prior oral or written agreements, understandings, or covenants. 

A failure or delay to enforce a provision under these Terms shall not serve as a waiver of our right to enforce that provision later or on a similar violation. No waiver shall be binding unless in writing. 

If any portion of these Terms is found invalid, that portion shall be deemed severable, and it shall not affect the validity of the remaining portions that are valid. 

If any events beyond our control cause us to delay or fail to perform our obligations under these Terms, including acts of God, fire, riots, civil unrest, epidemic, and so on, we shall not be liable for any losses or damages incurred therewith. 

You may not assign your rights under these Terms without prior written authorization from us. We, on the other hand, may assign our Services to third parties under these Terms. 

 

21.Contact Us

If you have any questions, complaints, or feedback regarding these Terms or our Services, you can get in touch with us at info@toasttocoffee.com or use the information on our “Contact” page.