Privacy Policy
Coffeeka Roasters, LLC. Privacy Policy
Effective Date: December 1, 2020
Thank you for accessing the coffeekaroasters.com Website (“Site”) operated by Coffeeka Roasters Inc. (“Cofffeeka”). We respect your privacy and want to protect your personal information. To learn more, please read this Privacy Policy.
This Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting the Site directly or through another website, or accessing the Site on any computer, mobile phone, tablet, or other device (collectively, “Device”), you agree to the terms of this Privacy Policy and consent to the collection and use of information as discussed in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not access this Site.
This Privacy Policy applies to the Site, along with any other interactions with us, including in our stores, by email, telephone or otherwise. Please see below for details.
We are not responsible for the content or privacy practices on any web site not operated by Cofffeeka to which the Site links or that links to the Site.
We may modify this Privacy Policy at any time, and will post the current version on the Site. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the information we collect.
Information Collection, Use, and Sharing
For the 12-month period prior to the date of this Privacy Policy, we explain here what categories of personal informationwe have collected, where we got it from, and with whom we have shared it:
– Category of Personal Information Collected
– Source of information
– Purpose for Collection
– Categories of recipients
– Contact information:such as your name, billing address, shipping address, email address, telephone numbers, or other contact information From you; the decision to provide this information is typically optional, however, if you choose not to provide the requested information, you may not be able to use some or all of the features of our Sites To communicate with you, for product fulfillment and shipping, to send you catalogs, information, newsletters, promotional materials and other offerings from Cofffeeka or on behalf of our partners and Affiliates, to offer a sweepstakes, contest or other promotion, Cofffeeka card reloads, when you contact us, when you request customer service or support, to complete your registration on our Sites, to administer your account(s) with us, and to provide you with offers that may be of interest to you Our affiliates, including Peet’s Coffee & Tea, Mighty Leaf Tea, and Stumptown Coffee (collectively, “Affiliates”); our trusted service providers
– Purchase and order information:
contact information, together with purchase details online and in store through e-receipts, delivery details, payment details, Cofffeeka card information, any communications we have received about your order or purchase From you To validate, confirm, verify, deliver, install, and track your order, including to arrange for shipping, handle returns and refunds, maintain a record of the purchases you make, to service products you purchased from us, to gather feedback on our stores, products and the Sites, and to provide you offers that may be of interest to you Our Affiliates; service providers who process, fulfill and ship orders
Other delivery information:
Name and address of recipient for delivery, if different from customer’s
From you To deliver to the person at the address which you have requested Our Affiliates; service providers who process, fulfill and ship orders
Payment information:
Name, card issuer and card type, credit or debit card number, expiration date, CVV code and billing address
From you and your payment card issuer
To check that the right person is using the right card or account, meet the requirements of the card brands or account issuers, and to make sure we are paid for what you buy Our Affiliates; service providers who process payments for us; our card processor stores all credit card information. They conduct the entire credit card transaction using industry standard 128 bit SSL encryption; we only store a record that the transaction took place
Rewards information:
Your rewards account number, birthday, gender, age, purchase history and information on rewards or other benefits
From you when you sign up for our rewards program and from our rewards service provider
To administer your rewards account and provide you with offers that may be of interest to you
Our Affiliates; service providers who administer our rewards program and our co-marketing partners
Information you provide about a third party:
if you send someone else a communication from the Sites (such as sending a gift or virtual gift card), we may collect information such as that person’s name, telephone number, email, and/or shipping address. From you To deliver to or communicate with the person at the address which you have requested Our Affiliates; service providers and our co-marketing partners
Social Media:
Information about you, including Usage Data and personal information such as lists of your friends, “likes”, comments you have shared, groups and location From third parties, particularly social media platforms To enhance your online shopping experience, including as a way to recognize you and welcome you to the Sites, to provide you with customized Sites content, targeted offers, promotions and advertising on the Sites, through other third party sites or apps, via email, text messages, or app push notifications that are offered by Cofffeeka or other marketing partners that might be of interest to you. Our Affiliates; service providers and our co-marketing partners
Legal information:
Fraud checks or flags raised about your transactions, the payment card you want to use, payment card refusals, suspected crimes, complaints, claims and accidents From you, the police, crime and fraud prevention agencies, payment card providers, the public, regulators, your and our professional advisors and representatives To protect you, other customers and our business against criminal activities and risks, unauthorized use, and make sure we understand and can meet our legal obligations to you and others and can defend ourselves Our Affiliates; service providers who help us with fraud protection and credit risk reduction, law enforcement and other governmental authorities in accordance with applicable law.
Preference information:
Your marketing preferences, your account settings including any default preferences, any preferences you have indicated, the types of services/offers that interest you, or the areas of our Sites that you visit From you, from our Sites technology interaction with your browser/Devices and cookies and other similar technologies tracking the pages you visit, the marketing messages you open and the links you follow, including your interactions with social media To enhance your online shopping experience, including as a way to recognize you and welcome you to the Sites, to provide you with customized Sites content, targeted offers, promotions and advertising on the Sites, through other third party sites or app, via email, text messages, or push notifications that are offered by Cofffeeka or other marketing partners that might be of interest to you Our Affiliates; third party vendors and other service providers that perform website analytic services for us
Communications:
Communications we have with you. Please note that we record calls to our customer service team From you To handle your requests, to contact you when necessary or requested, including responding to your questions and comments and providing customer support, and to obtain customer feedback and improve our customer service and customer shopping experience Our Affiliates; service providers who assist us with customer service
In-store privacy:
CCTV images of you in and around entrances and exits to our stores and offices, and your customer journey around our store From you, our CCTV To keep you, other customers, our staff, buildings, systems and data safe and secure, to investigate potential theft, fraud or misconduct Our Affiliates; service providers who help us with fraud protection, law enforcement and other governmental authorities in accordance with applicable law.
Device information:
IP address, internet provider, operating system and browser used, type of device, such as laptop or smart phone, device cookie settings and other device details, such as MAC address and geolocation, if you use our Sites and permit it to obtain your precise geolocation From you and from our Sites technology’s interaction with your browser or Devices To make sure our Sites, including app technology, works properly with your Device and make sure you can see and use our intended website and apps on the Device you are using, and for analytical and demographic purposes and to provide offers that may be of interest to you
We also will use this information to protect the security or integrity of the Sites and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users. Our Affiliates; service providers who help us with fraud protection, and third party vendors and other service providers that perform website analytic services for us
Usage Data:
When you use the Sites, some data is automatically transferred from your browser to our server, including your browser type, operating system type or mobile device model, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our Sites, the amount of time you spend viewing or using the Sites, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to our Sites From you and from Sites technology’s interaction with your browser or devices, for more information see “Cookies and Other Technology,” below We will use this information in an aggregated non-specific format for analytical and demographic purposes.
We also will use this information to protect the security or integrity of the Sites and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users Our Affiliates; third party vendors and other service providers that perform website analytic services for us
Accident information:
Details about any accident or injury on our premises, or health incident From you, witnesses or observed about you To get you the help you need, deal with the emergency services, insurance and claims Law enforcement and other governmental authorities in accordance with applicable law, and our professional advisors.
Suspected crime information:
Details of your identity, image, name and address, suspected or alleged thefts, fraud, assault or other criminal behavior From crime and fraud prevention agencies, from you, witnesses, and from the police To protect customers, the public and our business against risks and crime Law enforcement and other governmental authorities in accordance with applicable law, and our professional advisors.
In some jurisdictions, individuals may have the right to opt-in or withdraw consent for certain uses. If you reside in such jurisdictions, you may have additional rights which are detailed below, “Access, Correction and Deletion.”
We may disclose such information in response to requests from law enforcement officials conducting investigations; subpoenas; a court order; or if we are otherwise required to disclose such information by law. We also will release personal information where disclosure is necessary to protect our legal rights, to enforce our Terms of Service or other agreements, and to operate the Site or to protect ourselves or others. For example, we may share information to reduce the risk of fraud or if someone uses or attempts to use the Site for illegal reasons or to commit fraud.
We will not sell (or trade or rent) personally identifiable information to other companies as part of our regular course of business. However, it’s possible that we might acquire or merge with or be acquired by another company or that we might dispose of some or all of our assets. If that happens, your personal information may be disclosed to another company, but that disclosure will be subject to the Privacy Policy then in effect.
In addition, we may use and share aggregated information that does not uniquely identify you when it enables us to improve and enrich our services and the Site’s content. We maintain full rights to any information collected on this website, and may freely collect, use and disclose such information unless prohibited by this Privacy Policy or applicable law.
Please note that if you voluntarily submit any personal information for posting on the Site, such as a review or a blog post, the information becomes publicly available and can be collected and used by others, so you should use care before posting information about yourself online.
Cookies and Other Technology.
Like many sites, the Site employs cookies and web beacons (also known as clear GIF technology or “action tags”) to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage.
(i) Cookies are small pieces of information that are stored as text files by your Internet browser on your computer’s hard drive. Most Internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of the Site. We have to use cookies to enable you to select products, place them in an online shopping cart, and to purchase those products. If you do this, we keep a record of your browsing activity and purchase. THE SITE’S COOKIES DO NOT AND CANNOT INFILTRATE A USER’S HARD DRIVE TO GATHER A USER’S CONFIDENTIAL INFORMATION. Our cookies are not “spyware.”
(ii) Web beacons assist in delivering cookies and help us determine whether a web page on the Site has been viewed and, if so, how many times. For example, any electronic image on the Site, such as an ad banner, can function as a web beacon.¡
(iii) We may use third-party advertising companies to help tailor site content to users or to serve ads on our behalf. These companies may employ cookies and web beacons to measure advertising effectiveness (such as which web pages are visited or what products are purchased and in what amount). Any information that these third parties collect via cookies and web beacons is not linked to any personal information collected by us.
(iv) As an example, Facebook collects certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook via cookies and web beacons is not linked to any customer’s personal information collected by us.
We may combine the information we collect through cookies and web beacons with other information we have collected from you or information from other sources. We may combine the information we collect from you with information we receive about you from other sources, such as address update services.
Interest-Based Advertising
We may use third-party advertising companies that use tracking technologies to serve our advertisements across the Internet. These companies may collect information about your visits to the Site and other websites and your interaction with our advertising and other communications. These advertising companies serve ads on behalf of us and others on non-affiliated sites, and some of those ads may be personalized, meaning that they are intended to be relevant to you based on information collected about your visits to this Site and elsewhere over time. Other companies may also use such technology to advertise on our Site.
If you would like more information about this practice and to know your choices concerning interest-based ads, visit:
http://www.networkadvertising.org/choices/
www.aboutads.info/choices
In Canada, please visit: http://youradchoices.ca/choices/
In the EU, please visit: http://www.youronlinechoices.eu/
Access, Correction & Deletion
We respect your right to access and correct your personal information. You may also request that we update your personal information or correct any factual errors that you believe may exist regarding this information. You may also exercise your rights, subject to applicable laws, to request that we delete or restrict access to your personal data. We may need to retain it for legally permitted purposes and this will be explained to you if necessary. If you need assistance correcting or updating your personal information, or would like to request that we delete your personal information, please contact us with your request at customersupport@coffeekaroasters.com.
Retention of Personal Information
We retain personal information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we will refer to the following criteria in order to determine retention period:
Whether we have a legal or contractual need to retain the data.
Whether the data is necessary to provide our products, services or programs.
Whether our visitors have the ability to access and delete the data within their accounts.
Whether our visitors would reasonably expect that we would retain the data until they remove it or until their Coffeeka Roasters accounts are closed or terminated.
Data Security
The Site incorporates reasonable and appropriate physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through the Site. We use SSL encryption to protect your personal information online, and we also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to your personal information. Finally, we rely on third-party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit the Site, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall.
While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.
Opt Out
Upon your request, we will (a) stop sending emails to your email address; and/or (b) disable your account to prevent any future purchases through that account. You can make these requests at the “Contact Us” section of the Site http://www.coffeekaroasters.com/contact, or by emailing your request to coffeekaroasters.com’s Customer Service Team at info@coffeekaroasters.com.
Please do not email your credit-card number or other sensitive information.
Access by Children
This website is not directed toward children under 13 years of age and Coffeeka Roasters, LLC. does not knowingly collect or use information from children under 13 without verifiable parental consent. If you believe that a child has provided personal information to us, please contact us promptly as described below, and we will endeavor to investigate and delete such information from our systems.
Third-Party Websites
This Site may link to, or be linked to, other websites not maintained by or related to Coffeeka Roasters, LLC. Coffeeka Roasters, LLC. is not responsible for the privacy policies or practices of any third parties or third-party websites, including any linked or linking websites. To the extent that you disclose personally identifiable information to any such third parties, different rules may apply to their use and disclosure of personal information that you disclose to them. We encourage you to review the privacy policies of such websites before disclosing your personal information to them.
Updates to this Policy
The effective date of this Privacy Policy is 1 December, 2020. We reserve the right to modify or amend this Privacy Policy at any time. All changes will be effective immediately upon posting to this Site. Material changes will be conspicuously posted on this website. We encourage you to review this Privacy Policy from time to time so you will know if the Privacy Policy has been changed or updated. By accessing or using this Site after such changes are posted you agree and consent to all such changes.
Your California Privacy Rights
California law permits our customers who are California residents to request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. To make such a request, please write to us at the following address:
Cofffeeka, LLC.
3300 NE 191st St.
Apt 606
Aventura, FL 33180
ATTN: Customer Service Department—California Privacy Info.
If you are a California resident, California law provides you with the following rights with respect to your personal information:
– The right to know what personal information we have collected, used, disclosed and sold about you. To submit a request to know the categories of personal information we have collected or the specific pieces of information we have collected, you may call us at 888-945-9786 or visiting https://www.coffeekaroasters.com/contact. You also may designate an authorized agent to make a request for access on your behalf.
– The right to request that we delete any personal information we have collected about you. To submit a request for deletion, you may call us at 888-945-9786 or visiting https://www.coffeekaroasters.com/contact. You also may designate an authorized agent to make a request for deletion on your behalf.
When you exercise these rights and submit a request to us, we will verify your identity by asking for information about your relationship with Cofffeeka, such as email address on file, loyalty/customer number, recent order number, or the last four digits of your credit or debit card.
Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.
For the 12-month period prior to the date of this Privacy Policy, Cofffeeka has not sold any Personal Information about its customers; nor does it have any plans to do so in the future.
Right to Removal of Personal Information—California
If you are under 18 years of age, reside in California, and have a registered account with us, you have the right to request removal of unwanted information that you publicly post on the Site. To request removal of such information, you can contact us as provided below. Upon receiving such a request, we will make sure that the information is not publicly available on the Site, but the information may not be completely or comprehensively removed from our systems and databases.
Visitors from Outside the United States—Cross-Border Transfer
The Site is hosted in the United States. If you are visiting the Site from outside the United States, your information may be transferred to, stored and processed in the United States or other countries in accordance with this Privacy Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Site and/or providing personal information to us, you consent to transfer of your information to our facilities as described in this Privacy Policy.
Right to Lodge Complaints
We are transparent about the ways in which we collect and use personal information, and welcome your questions and concerns. If you have any concern or complaint about the way we handle your personal information, please contact us as described below. To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority in the country where you reside and/or the United States. You may contact the US Federal Trade Commission regarding your concerns. For more information, please see https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc.
Contact Us
If you have questions or concerns about this Privacy Policy or how we collect and use the information of our customers, you can contact us by emailing us at customersupport@coffeekaroasters.com, or by postal address at Cofffeeka, LLC.; 3300 NE 191st St, Apt 606, Aventura, FL 33180; ATTN: Privacy Request.
If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail.
Terms of Sale
Welcome to the website (the “Site” or “coffeekaroasters.com”) of Coffeeka Roasters, LLC (“Coffeeka”, “us” or “we”). Coffeeka provides its services and products to you subject to these Terms and Conditions of Sale (the “Terms and Conditions”), by which you agree to be bound. In addition, when you use any Coffeeka service, including placing an order for our products through the Site, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, including, but not limited to, Coffeeka’s Privacy Policy and Terms of Use, and they are incorporated into this Agreement by this reference. Coffeeka reserves the right to change this Site and these terms and conditions at any time, in Coffeeka’s sole discretion. These Terms and Conditions constitute the complete and exclusive agreement between you and Coffeeka pertaining to the products identified in your order from the Site.
Electronic Communications
By clicking “I Agree” below, you (i) consent to the electronic communication and delivery of all documents related to these Terms and Conditions, (ii) agree that your act of clicking the “I Agree” button is a binding form of your electronic signature, which you agree binds you to the terms of these Terms and Conditions, (iii) represent that you have internet access and a valid e-mail address enabling you access this website and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or save communications and documents, including without limitation these Terms and Conditions, and that you have printed or otherwise saved a copy of these Terms and Conditions for your records.
This consent is effective until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a paper copy of these Terms and Conditions at any time by logging into your account using your username and password and clicking on “Profile”. We will send you a confirming notice once we have processed your change request.
Your Account
When you purchase our products from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. Additionally, you agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Order
Your placement of an order on the Site does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to process your order. Once a completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
Pricing and Availability
All prices for products, including associated costs of shipping and tax, are shown in U.S. dollars. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. If for some reason an item on your order is out of stock, we will issue a full refund for such item.
Forms of Payment
Coffeeka currently accepts Visa, MasterCard, Discover, and American Express for all orders. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
Credit Card Security
The safety of your personal information is extremely important to Coffeeka. We use a wide array of electronic and physical security measures and devices to protect your personal data and credit card information from unauthorized access.
coffeekaroasters.com does not store any Credit Card numbers or other sensitive data on our servers. Any “stored cards” or orders and customers utilizing coffeekaroasters.com’s online ordering are securely billed through a PCI Compliant Credit Card gateway and processor.
Sales Tax
We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.
Coffeeka is required by law to collect sales tax on orders shipped to Florida. If you are shipping to FLorida, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation.
Shipping Terms; Risk of Loss
We endeavor to ship all orders for in-stock items within three (3) business day(s).
Our standard business hours are 9AM – 5PM (Eastern Time Zone) Monday – Friday.
Standard shipping of products purchase on the Site is via independent carrier not affiliated with, or controlled by, Coffeeka, and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. For an additional fee, we offer expedited shipping if that is your preferred shipping choice. All shipping charges are your responsibility, unless waived by Coffeeka. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. All orders are shipped FOB shipping point. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Coffeeka delivers these items to the carrier for shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
Returns of Online Purchases
As always, we want you to be satisfied with your purchase from the Site so we have a 30 day return policy.
If you are unsatisfied with any purchase you have made from the Site for any reason, please contact us via our Contact Us page or the information below for a replacement or refund of the purchase price within 30 days of shipment. Please Tell us your name, the order number, which items, how many you are returning, and the reason for the return. We will reply to the email with a Return Merchandise Account number and instructions on how to send the items back to us.
Coffeeka Roasters, LLC
3300 NE 191st St, Apt 606
Aventura, FL 33180
info@coffeekaroasters.com
Please refer to our Privacy Policy for information about how Coffeeka collects, uses and discloses personal information from users of the Site.
Limitation of Liability
COFFEEKA WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, COFFEEKA’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Warranties
Coffeeka products may be returned or exchanged in accordance with the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM COFFEEKA RELATING TO THE PRODUCTS YOU PURCHASE FROM THE SITE. COFFEEKA MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY COFFEEKA “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
Governing Law; Venue
These Terms and Conditions and your purchase of products from Coffeeka through the Site shall be governed and construed in accordance with the laws of the State of Illinois, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your purchase of products shall be filed only in the state and federal courts located in Cook County, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.
International Transactions
The following provisions apply to shipments to customers located outside of the United States.
The 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Except as otherwise specified, terms of delivery are Ex-Works (within the meaning of INCOTERMS 2010) and all customs fees, import duties, cargo insurance, taxes and other charges imposed on or relating to the purchase or sale of Coffeeka’s products shall be paid by you in addition to the stated price.
Prices include Coffeeka’s standard commercial export packaging which may vary depending on whether shipment is made by air, land or sea. You will bear any additional expenses required to satisfy your specifications. Packages will be marked in accordance with your instructions, if any. Coffeeka shall furnish packing lists and such other information as may be necessary to enable your agent to prepare documents required for export shipment. You shall supply Coffeeka with all necessary information and assistance for the most expeditious clearance of such shipment through customs.
All shipments hereunder are subject to compliance with the U.S. Export Administration Act, as amended, regulations thereunder and all other U.S. laws and regulations concerning exports. You agree to comply with all such laws and regulations concerning the use, disposition, re-export and sale of the products provided hereunder.
Contact Us
Please send any questions or comments regarding this Site or your order to:
Coffeeka Roasters, LLC
3300 NE 191st St, Apt 606
Aventura, FL 33180
info@coffeekaroasters.com
Terms of service
Welcome to the website (the “Site”, “coffeekaroasters.com”) of Coffeeka Roasters, LLC. (“Coffeeka”). Coffeeka maintains this Site for your personal information, education and communication. Coffeeka provides its services to you subject to the notices, terms, and conditions set forth in these Terms of Use (the “Agreement”). In addition, when you use any Coffeeka service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.
Coffeeka reserves the right to modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site. Material changes will be posted conspicuously on this Site. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
If you do not agree to this Agreement, do not access or use this Site, and instead contact Coffeeka in writing or via telephone as set forth below for desired information.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Coffeeka hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Coffeeka in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Coffeeka in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Coffeeka in advance. Coffeeka reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Coffeeka believes that customer conduct violates applicable law or is harmful to Coffeeka’s interests.
You may not submit content to the Site or use it in any manner that:
Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
Is libelous or slanderous;
Is intended to cause commercial harm to us or to benefit a third party at our expense;
Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;
Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
Collects others’ names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;
Uses any automated or computerized process we have not previously authorized to access, obtain or download data or content;
Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;
Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorized use of or access to a computer or a computer network; or
Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.
We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.
Coffeeka may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Coffeeka has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Coffeeka of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Intellectual Property
All copyrightable text, graphics, charts, photographs, icons, images, audio, video, software (collectively, “content”), belongs exclusively to Coffeeka or its Content suppliers. The design, collection, selection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Coffeeka or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Coffeeka appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any Coffeeka trademark or service mark without the express written consent of Coffeeka is strictly prohibited. You may not use any Coffeeka trademark or service mark in any way that is likely to cause confusion. You may not use Coffeeka’s trademarks or service marks that in any way disparages or discredits Coffeeka. Any unauthorized use of any trade dress, marks or any other intellectual property belonging to Coffeeka or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
Trademarks
Coffeeka is the owner of numerous trademarks, logos, emblems, and trade dress, all of which represent our vision to provide gold-standard specialty coffees. We own several trademarks and service marks that have been registered with the United States Patent and Trademark Office. These include Coffeeka®, among others. You may refer to Coffeeka’s trademarks in a manner that is not misleading and clearly acknowledges Coffeeka’s ownership of our marks. By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of Coffeeka’s marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Coffeeka is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorize you to use any third party’s marks.
Copyright
As between you and us, we own and reserve all right, title, and interest in and to our website. This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images. We hereby grant you a limited nonsublicensable revocable license to use our website for personal noncommercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.
Risk of Loss; Terms of Sale
All purchases made by you on this Site are subject to Coffeeka’s Terms of Sale, which are incorporated into these Terms of Use by this reference. Please read them carefully before placing any orders on the Site, because you will be bound by the Terms of Sale.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Coffeeka may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Coffeeka shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
International Access
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. Coffeeka makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United States. If you access and use this Site outside the United States you are solely responsible for complying with your local laws and regulations.
Accuracy of Information.
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Coffeeka makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Coffeeka shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Coffeeka shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Coffeeka shall immediately issue a credit to your credit card account in the amount of the charge.
No Liability
In no event shall Coffeeka or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked website or to any material, information, data, products, or services obtained through this Site, or otherwise arising out of your use of this Site, your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials provided on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Coffeeka has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Coffeeka shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Coffeeka shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Coffeeka shall immediately issue a credit to your credit card account in the amount of the charge.
Third Party Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. Such links are provided only as a service to our visitors. Coffeeka is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Site. Coffeeka has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.
If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL “https://www.coffeekaroasters.com” and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Coffeeka; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Coffeeka’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than Coffeeka is associated with or sponsored by Coffeeka; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) Coffeeka reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.
Copyright Complaints
Coffeeka respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Privacy Policy
By your access and use of this Site, you hereby agree to the terms of the Coffeeka Privacy Policy, which are incorporated into these Terms of Use by this reference.
ARBITRATION IF A DISPUTE ARISES (“Arbitration Agreement”)
Any legal dispute between you and Coffeeka concerning or arising out of these Terms, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. However, either you or Coffeeka may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. You may opt out of this Arbitration Agreement within the first 60 days after the earliest of the first time you (a) make a purchase from the Site; (b) sign up for any service provided by Coffeeka and (c) purchase an Coffeeka gift card, including without limitation the Rewards Program, by sending a signed letter to Arbitration Opt-Out, Attn: Legal, 3300 NE 191st St, Apt 606, Aventura, FL 33180. The letter should include your printed name, address, and the words “Reject Arbitration”.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Coffeeka agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Cook County, IL. We encourage you to call Coffeeka in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Coffeeka also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Coffeeka hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Coffeeka will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Illinois will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Remedies
You agree that Coffeeka’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Coffeeka shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Coffeeka may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of Coffeeka shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by Coffeeka of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Severability
If any provision of these Terms of Use is found to be illegal or unenforceable or invalid, the remaining provisions of these Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.
Returns
As always, we have a 30-day return policy. If you are unsatisfied with any purchase you have made with us for any reason, please contact us via the information below for a full refund of the purchase price within 30 days of shipment. Tell us your name, the order number, which items, how many you are returning, and the reason for the return. We will reply to the email with a Return Merchandise Account number and instructions on how to send the items back to us.
We accept Visa, MasterCard, Discover and American Express.
Entire Agreement
By your access or use of this Site, you hereby agree to these Terms of Use. These Terms of Use, together with the Coffeeka Privacy Policy and Terms of Sale constitute the entire agreement between you and Coffeeka with respect to your access and use of this Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Coffeeka. These Terms of Use will inure to the benefit of Coffeeka’s successors and assigns.
Electronic Communications
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Coffeeka may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
Copyright Infringement Claims Procedure.
We do not permit anyone to post materials on our website that infringe the copyrights of others. We have adopted and will follow the procedures outlined in Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.
A. Notice to Designated Agent.
If you claim ownership of copyright in material posted on our website and you believe that posting it infringes your copyright — or if you are authorized to act on behalf of a person who makes such a claim — you may send us notice of your claim by filling out and submitting the attached form by email or regular mail, or by sending a notice in accordance with the Notice Requirements in the following Section B, to the following: Mail:
Coffeeka Roasters, LLC.
c/o Coffeeka Copyright Agent
Coffeeka Roasters, LLC.
3300 NE 191st St, Apt 606
Aventura, FL 33180
Email:
info@coffeekaroasters.com
B. Notice Requirements.
To be sure we are able to address your claim, you must include the following information in your notice:
Your physical or electronic signature. The notice should be signed either by the copyright owner of the infringing work or by someone authorized to act on the copyright owner’s behalf;
Identification of the copyrighted work you claim was infringed. If multiple copyrighted works are covered by the same notification, you may provide a representative list of the infringed works.
Identification of where on our website the copyrighted material can be found. Please provide a complete URL and any additional information necessary to enable us to locate and identify the claimed infringing material.
Your contact information. Please provide an address, telephone number, and, if available, an email address at which we can contact the complaining party.
Certification of Infringement. The notice must certify that the complaining party has a good faith belief that use of the material on our website is not authorized by the copyright owner, its agent, or the law.
Certification of Accuracy. The notice must also state that the information supplied is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply substantially with these notice requirements you may experience delay while we seek supplemental information. In the event we are unable to obtain supplemental information that substantially complies with these requirements we may deny your request to remove or disable the material.
Takedown Upon Notice. Upon receipt of proper notification of claimed copyright infringement, we will respond promptly to remove, or disable access to, the material.
Counter Notification. After disabling or removing the alleged infringing material, we will take reasonable steps promptly to notify the user who posted the material that the material was removed or access was disabled. Thereafter, the user may provide a counter notification. To submit a proper counter notification a user must provide:
A physical or electronic signature of the user providing the counter notification.
Identification of the material that was removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled.
A statement by the user that “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
The user’s full name, address, telephone number, and user name.
If the user’s address is located within the United States, the following statement: “I consent to the jurisdiction of the Federal District Court in which my address is located and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”
If the user’s address is not located within the United States, the following statement: “I consent to the jurisdiction of the Federal District Court for any judicial district in which Coffeeka Roasters, LLC. may be found and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”
Actions Upon Counter Notification. Upon receipt of a counter notification of the type described above we will promptly provide the person who gave the original notice of infringement a copy of the counter notification. We will also inform the original claimant that we will replace the removed material or cease disabling access to the material unless we receive notice, no more than 10 business days thereafter, that the claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material.
Repeat Infringers. Posting infringing materials is a violation of our website’s terms and conditions. We will not permit repeated violations of this policy. In appropriate circumstances, we may terminate any user account, disable the user’s password, or take other appropriate action with respect to any user or users if we make a reasonable determination that the user or users are repeat infringers.
Misrepresentations
The DMCA, 17 U.S.C. § 512(f), provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification to be provided hereunder, please seek advice from knowledgeable counsel. THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.
Website
©2020, Coffeeka Roasters, LLC., All Rights Reserved.
All information contained on this site is property of Coffeeka Roasters unless otherwise noted. Any reproduction without express written consent of Coffeeka is prohibited.
Our Address
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Coffeeka Roasters, LLC.
3300 NE 191st St, Apt 606
Aventura, FL 33180
info@coffeekaroasters.com