Terms of Service
ARTICLE 1. APPLICABILITY
1.1 These terms and conditions are applicable to all agreements with CRACKIN' COFFEE LLC and to all agreements that are the result of this. By pressing the concerning button in the window of the ordering process, all terms and conditions of CRACKIN' COFFEE LLC are accepted.
1.2 Oral statements, promises or agreements are not legally binding, unless confirmed in writing by CRACKIN' COFFEE LLC.
1.3 If one or more provisions in these Terms and Conditions are void or destroyed, the remaining provisions remain in full force.
ARTICLE 2. DEFINITIONS
TERMS AND CONDITIONS: Terms and Conditions CRACKIN' COFFEE LLC.
SPECIAL PROVISIONS: Special provisions CRACKIN' COFFEE LLC – Vendors and roasters, Special provisions – Client (individually or all together).
CRACKIN' COFFEE: CRACKIN' COFFEE LLC , firstname.lastname@example.org
WEBSITE: The Website https://www.crackincoffee.com
VENDOR: A natural person or legal entity who wishes to create a Product and offers, or wishes to offer, this Product on the Website.
ROASTER: A natural person or legal entity who wishes to promote a Product through the Subscription Service.
CLIENT: A natural person or legal entity who places an order via the website.
PARTIES: CRACKIN' COFFEE and Client.
PRODUCT: A physical product available to buy that is offered by CRACKIN' COFFEE and is delivered by CRACKIN' COFFEE.
ACCOUNT: The personal profile of a Client, which is created by registering on the Website.
ARTICLE 3. AGREEMENT COFFEE BOX (SUBSCRIPTION & ONE-OFF)
3.1 CRACKIN' COFFEE is the entity to accept the orders. CRACKIN' COFFEE enters the agreement with the Client.
3.2 Offers by CRACKIN' COFFEE are entirely without obligation and can be recalled at all times before, and during, and after the creation of the agreement, but only before a delivery is made.
3.3 No activity of CRACKIN' COFFEE may be interpreted as a joint venture, partnership, distribution agreement, representation of agency, or agency relationship agreement between the parties having been established. None of the parties is entitled or authorized to enter agreements regarding liability, debt, cost, or agreements for or on behalf of the other party, unless expressly agreed upon with CRACKIN' COFFEE in writing.
ARTICLE 4. LIABILITY
5.1. CRACKIN' COFFEE accepts limited liability for the quality, conformity, security, lawfulness, integrity, or reliability of the rights and obligations that have sprung from the agreement between CRACKIN' COFFEE and Client, or the different components thereof.
5.2 CRACKIN' COFFEE is not liable for damage that is the result of a non- or improper functioning of a Product and/or the facilities of her service, unless the cause is intent or gross negligence by CRACKIN' COFFEE .
5.4 If CRACKIN' COFFEE is liable as a result of a failure to perform its obligations, which is attributable to it, the liability will be limited to the direct case damage that is in direct connection to the deficiencies attributable to CRACKIN' COFFEE . Liability for any form of indirect or consequential damages is excluded.
5.5 CRACKIN' COFFEE is not liable for failure to perform its obligations from this agreement when the execution of these obligations is hampered or made impossible by a cause that is outside of her reasonable power.
6.6 CRACKIN' COFFEE has the right to (temporarily), without prior notice, put its Website out of order or to limit the usage thereof, or to stop providing the service of CRACKIN' COFFEE without justification and without this providing any right for compensation from CRACKIN' COFFEE .
5.7 It is possible that the Website contains references to Websites of third parties (for example by way of a hyperlink, banner or button). CRACKIN' COFFEE has no say or influence regarding the content and the policy of these Websites. Therefore, CRACKIN' COFFEE is not responsible for the content and methods of these Websites and does not accept any liability for these websites.
SPECIAL PROVISIONS CRACKIN' COFFEE – CLIENT
ARTICLE 1. ACCOUNT
1.1 The Client is, if a natural person, 18 years or older.
1.2 To be able to use the service(s) of CRACKIN' COFFEE , the Client is required to create their own account using the method as described on the Website.
1.3 The Client is liable for all consequences that result from using his account.
ARTICLE 2. PAYMENT
2.1 After placing an order on the Website, CRACKIN' COFFEE will deduct the, on a per-order and/or recurring basis, agreed upon amount stated in the confirmation mail from the bank-account, or credit card that has been provided by the Client.
2.2 The agreed upon amount is kept on the account of the payment provider while the Product is offered on the Website.
2.3 All prices on CRACKIN' COFFEE website include tax and basic shipping within the United States.
2.4 CRACKIN' COFFEE reserves the right to adjust its pricing and shipping costs to reflect fluctuations in delivery charges, a change in local taxation or when it offers optional upgrades/downgrades to better/slower shipping methods. The latter is only done at the explicit request of the customer.
2.5 CRACKIN' COFFEE offers payment by credit or debit card (VISA, Master Card, American Express) However, CRACKIN' COFFEE reserves the right to add, cancel or change these payment methods as it sees fit.
ARTICLE 3. DELIVERY AND RETURNS
3.1 Clients have the right to cancel orders without giving any reason within 14 days from the day on which they or a third party other than the carrier and indicated by them acquires, physical possession of the last good.
3.2 For health and safety reasons, CRACKIN' COFFEE cannot accept returned products, unless they are non-food items that can be exchanged for a replacement.
3.3 To exercise the right to cancel, the Client must inform CRACKIN' COFFEE of the decision to cancel the order by a clear statement through email to email@example.com
3.4 To meet the cancellation deadline, it is sufficient for Clients to send communication concerning the exercise of the right to cancel. CRACKIN' COFFEE offers its clients the opportunity to cancel their subscriptions at any time.
3.5 If Clients cancel an order, CRACKIN' COFFEE will reimburse all payments received from Client, including the cost of delivery.
3.6 CRACKIN' COFFEE may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the Client.
3.7 CRACKIN' COFFEE will make the reimbursement using the same means of payment as Client used for the initial transaction.
3.8 The Client must inspect the condition of orders upon delivery. If The Client notices that the package has any damages on the outside, he is kindly asked to notify the courier and mark it down on the delivery slip. If an item from an order is faulty or damaged, CRACKIN' COFFEE must be contacted via firstname.lastname@example.org as soon as possible after receipt of the item, but not later than 48 hours after delivery. The following information must be included in the email:
The order details: order number, contacts details and date of delivery.
Information about the faulty or damaged product: product name and description and is wrong with it. If possible, a photo must be included.
Proof of notification of notification to the courier must also be provided.
3.9 CRACKIN' COFFEE cannot be held accountable for the late delivery of its product in the case of external interference or force majeure.
3.10 The Client accepts that by choosing the ‘standard or global priority airmail’ delivery methods, CRACKIN' COFFEE cannot be held accountable for non-delivered items. CRACKIN' COFFEE does not provide tracking for these delivery option and CRACKIN' COFFEE cannot provide assistance in locating any missing parcels that were shipped using this method.
3.11 CRACKIN' COFFEE does not offer blanket refunds for undelivered parcels as this is the risk the customer takes by choosing ‘standard or global priority airmail’ delivery method. However, CRACKIN' COFFEE reviews situation case by case and can provide a partial of full refund at its own discretion.
3.12 Should the Client provide an incorrect address during checkout, fail to claim his/her delivery at the local postal office or have moved without notifying CRACKIN' COFFEE, CRACKIN' COFFEE will not provide free return shipping on the same order. If the customer is a subscriber, then the contents of the returned parcel can, following an agreement between CRACKIN' COFFEE and the Client, be returned to the Client at the same cost of the shipment of the next parcel.