1. General Information
(a) This agreement governs your use of Freshlycofe’s site and services, including all orders made or processed for products or services in connection with the site and services. You and Freshlycofe, a Delaware corporation providing e-commerce services for a wide range of products, are the parties to this agreement. No exceptions to these terms are effective unless Freshlycofe has agreed to them in writing.
(b) Freshlycofe may change these terms from time to time. If Freshlycofe makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Freshlycofe’s site and services. If you disagree with any amendments, you must stop using Freshlycofe’s site and services.
2. Use of the Site and Services Generally
(a) Freshlycofe owns all intellectual property and other rights, title, and interest in and to its site and services (except for user-provided content). Your use of the site and services does not grant you any right, title, or interest to these properties, except as follows: Freshlycofe grants you a limited, revocable license to access and use the site and services for its intended purpose—providing an online platform for shopping and related services. You may only use the site and services according to Freshlycofe’s terms, rules, and guidelines found on its site. Freshlycofe may revoke this license and limit your access to the site and services according to Section 15 (Termination of Access).
(b) You may not:
- Interfere with the site and services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware.
- Modify, copy, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the site and services.
- Use a robot or other automated means to monitor the activity on or copy information or pages from the site and services, except search engines, traffic counters, or similar basic performance monitoring technology.
- Impersonate another person or entity.
- Use any meta tags, search terms, keywords, or similar tags that contain Freshlycofe’s name or trademarks.
- Engage in any activity that interferes with another user’s ability to use or enjoy the site and services, including activity that places a disproportionate burden on the site and services compared to ordinary use from a single, ordinary user.
- Assist or encourage any third party in engaging in any activity prohibited by this agreement.
- Use the site and services to promote hate speech, obscenity, or any content that violates Freshlycofe’s Ethical Guidelines, which Freshlycofe may change from time to time in its sole discretion.
3. Product Sales
(a) By placing an order using Freshlycofe’s site and services, a customer makes a binding offer for a contract of sale with Freshlycofe. Freshlycofe sends an order confirmation via email to the customer. The order confirmation is not an acceptance of the offer but acknowledges that the order was received. The offer is only accepted when Freshlycofe confirms that production has been completed in a second email. Freshlycofe cannot guarantee the continued availability of any products found on its site.
(b) Information, drawings, figures, technical data, specifications of weight, measurements, and services contained in brochures, catalogs, newsletters, ads, or price lists are purely informational. Freshlycofe cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.
(c) Freshlycofe reserves the right to reject orders for any reason or no reason. If Freshlycofe rejects an order, it will notify the customer.
(d) Freshlycofe’s performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and Freshlycofe cannot replace the order in a reasonable amount of time, Freshlycofe will notify the customer immediately.
(e) If there is a product defect or if you are dissatisfied with your order for any reason, Freshlycofe’s return policy will apply, which Freshlycofe may change at any time in its sole discretion.
4. Delivery & Shipment
(a) Freshlycofe warrants that it will ship orders within three weeks after orders are placed. Normally, goods are shipped within a few days, and typical delivery times are 2-4 days, but in certain circumstances, shipment and delivery can take up to three weeks. Customers and Freshlycofe may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).
(b) Freshlycofe will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs, which may depend on order value and shipping destinations. Shipping costs are displayed at checkout.
5. Prices
(a) All prices found on Freshlycofe’s site are final and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
(b) For customers ordering from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, the customer has the sole responsibility to pay these taxes and fees.
(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
6. Payment
(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. Freshlycofe reserves the right to limit the payment method chosen by the customer depending on order value, shipment destination, or other objective criteria.
(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for Freshlycofe to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information), through no fault of Freshlycofe’s own, the customer agrees that Freshlycofe may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
(c) Freshlycofe may subcontract third parties to process payment.
(d) If the customer fails to pay, Freshlycofe may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
7. Title to Products
Until Freshlycofe receives full payment for an order and the order is shipped, title to the goods remains with Freshlycofe. Upon transfer of the goods to the carrier, title and risk of loss pass to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
8. Disclaimers
(a) Freshlycofe provides the site and services on an “as is” and “as available” basis. Freshlycofe does not represent or warrant that the site and services or their use will be uninterrupted, timely, secure, or error-free, or that the site and services will meet your expectations or requirements.
(b) You agree that Freshlycofe has no responsibility for any damages suffered by you in connection with the site and services, and that use of the site and services is at your sole risk. Freshlycofe does not control or endorse any third-party information, products, or services offered through the site and services.
9. Limitation of Liability
(a) You use Freshlycofe’s site and services at your own risk. Freshlycofe is not liable for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and services or any agreement between you and Freshlycofe.
(b) Freshlycofe’s aggregate liability arising out of or in connection with the site and services may not exceed the lesser of $100 or the amount you paid to Freshlycofe in the six months preceding the claim.
10. Miscellaneous
(a) Entire Agreement: This agreement contains the entire agreement between the parties and replaces all prior oral and written agreements.
(b) Minimum Age: Persons under the age of 13 may not use the site.
(c) Enforceability: If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect.