Terms of service

TERMS OF SERVICE

Posted: 2nd April 2024

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Service (“Terms”) apply to your access to and use of our Website, mobile applications, as well as your purchase of our products and services (collectively, “Services”). By accessing or using our Website and Services, you agree and accept the Terms, as set forth herein, and all terms incorporated by reference. If you do not agree to these Terms, please do not use our Services or order, receive, or use products made available through the Services (collectively, “Products”).

These Terms, includes a mandatory arbitration provision and class action waiver which effects your rights and remedies. If you do not accept these terms, then do not use our Services or order any products made available through the Services.

We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms at any time. If we make changes to these Terms, we will post the notice of such change on this page. We will not provide further notice to you, so be sure to check this page frequently. Such changes and/or modification shall become effective immediately upon being posted. If you continue to use the Services following the posting of changes and/or modifications, it will constitute your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop accessing and using our Services.

In addition, we may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of the Website or access to the Services, or any portion thereof; (2) change, revise, or modify the Services, or any portion thereof; (3) interrupt the operation of the Services or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the Services; and/or (5) terminate Services for any reason. Upon any termination of the Services or these Terms, the rights and licenses granted to you herein shall terminate and you must cease all use of the Services.

You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

1. Account and Account Security.

To use some of our Services, you will need to create an account. In connection with your account, you agree to: (a) provide true, accurate, current, and complete information about yourself at registration; (b) create only one account; and (c) maintain and promptly update your information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account access credentials, including your login name and password. You agree not share your account access credentials with any other person. You will notify us immediately of any unauthorized use of your login, or any other breach of security. If this occurs, we will lockdown your account until the source of the unauthorized use is determined. You may be required to set new credentials before using our Services or purchasing our Products. We are not responsible or liable for any activity in your account and this remains solely your responsibility. You agree not use anyone else’s account access credentials.

2 Terms of Sale.

(a) Subscriptions; Continuous Subscriptions; Cancellation Policy. We offer different subscription plans for certain Products (each, a “Subscription”). For other products, we offer a one-time purchase only. WHEN YOU PURCHASE A SUBSCRIPTION, YOU AGREE THAT: (i) OUR THIRD-PARTY PAYMENT PROCESSOR, SHOPIFY, INC. IS AUTHORIZED TO CHARGE YOU ON A REGULAR AND ONGOING BASIS FOR YOUR SUBSCRIPTION (WHICH MAY INCLUDE APPLICABLE SHIPPING AND SALES TAXES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES; AND (ii) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO OUR SERVICES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY CHANGE OR ADJUST DELIVERY FREQUENCY AND CORRESPONDING CHARGES UNDER YOUR SUBSCRIPTION. YOU MAY PUT YOUR SUBSCRIPTION ON HOLD, CHANGE YOUR DELIVERY DATE(S), OR SKIP SUBSCRIPTION DELIVERIES AS OFTEN AS YOU'D LIKE BY MANAGING YOUR SUBSCRIPTION THROUGH YOUR SCANDALOUS COFFEE ACCOUNT DASHBOARD.

(b) Cancellation Policy. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH THE SUBSCRIPTION SECTION OF YOUR ACCOUNT DASHBOARD OR BY EMAILING US AT Email protected from bots . SUBSCRIPTIONS MUST BE CANCELLED 5 DAYS BEFORE THAT SUBSCRIPTION’S ESTIMATED SHIPPING DATE IN ORDER TO AVOID RECEIVING AND BEING CHARGED FOR THAT DELIVERY. SUBSCRIPTION CANCELLATIONS PLACED LESS THAN 5 DAYS FROM THAT SUBSCRIPTION’S NEXT ESTIMATED SHIPPING DATE WILL NOT TAKE EFFECT UNTIL THE FOLLOWING SCHEDULED SUBSCRIPTION DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES, SHIPPING, AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY SUBSCRIPTION ORDER PROCESSED AND DELIVERED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

In the event you cancel your Subscription, please note that we may still send you promotional communications about Scandalous Coffee, unless you opt-out of receiving those communications by following the unsubscribe instructions provided in each email or updating your email preferences in your Account Dashboard.

(c) Returns and Exchanges. Because our coffee is a consumable product with a limited shelf life, we are unfortunately unable to accept returns or exchanges for online orders and subscriptions except under certain conditions such as: (i) You received an incorrect item from what was ordered; or (ii) Your item was damaged in transit.

If you received an incorrect item or your item was damaged in transit, please contact us by emailing Email protected from bots with the following information: (i) Your Full Name; (ii) Your Order ID; and (iii) An attached photo(s) of the item(s) received. We will then request that you return the item to us. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within thirty (30) days.

If you do not receive a refund in the time frame set out here, please check with your bank account or credit card company as some may take longer officially post the refund.

To return your product, you should mail your product to: Email protected from bots . You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

(d) Gift Cards. We may, from time to time, allow you to purchase gift cards through our website. There is an expiration date on all gift cards and if the gift card is not used by that date, it will be nullified, and no refund shall be available. Any recipient of a gift card may only use the gift card at the amount set forth on the gift card for the purchase of products. In the event the gift card is lost or stolen, it is the responsibility of the gift card purchaser to notify us prior to the expiration of the gift card and a new gift card will be issued, but the expiration date shall not change. In the event a refund is requested, then such refund shall be returned to the original payment source of the gift card.

(e) Payment and Billing Information. By providing us with credit card information, you represent and warrant that you are authorized to use that credit card and that you authorize us (or our third-party payment processor, Shopify, Inc.) to charge your credit card for the total amount of your Purchase or Subscriptions or other Product orders from our Services, including any applicable taxes and other charges (each order, an “Order”). If the credit card cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update credit card information associated with your Account, you can do so at any time by logging into your Account and editing the information on the Account Dashboard.

You acknowledge that the amount billed may vary due to promotional offers, your shipping address, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your credit card for the corresponding amount.

(f) Pricing and Availability. All prices are shown in U.S. Dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes. However, we do not provide advance notice of changes in any applicable taxes. The shipment of a Subscription to you after we provide notice of changes to the amounts or other charges associated with your Subscription will confirm your acceptance of such changes, unless you cancel your Subscription(s) in accordance with the cancellation policies set forth above.

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering, and to substitute Products without prior notice, including, but not limited to, Products that are part of a Subscription. A user on our website may come across price variations due to changing promotions, price adjustments, or markdowns during your shopping experience or after an order has been placed. We do not offer price adjustments on any items from prior purchases.

(g) Taxes, Shipping and Handling Charges. We will collect applicable sales tax on Products, including, but not limited to, Subscription deliveries, shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase, or, in the case of a Subscription shipment, we will provide advance notice of such changes. Generally, shipping is handled by a third-party. When you purchase a Product from us, any shipping times shown on the Services or in notification emails are estimates only. Actual delivery dates may vary. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third-party courier.

3. Intellectual Property.

All content including logos, and other trademarks, service marks, product names, designs, titles, words or phrases, graphics and logos used in connection with our Website, Service, and Products including all text, images, photographs, illustrations, HTML, data, hyperlinks, graphics, logos, icons, software, video and/or information, and other materials featured, displayed, contained, and available in and on the Website, Products, and Services (collectively, “Content”), are owned by or licensed to Scandalous Coffee, and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Scandalous Coffee and our licensors reserve all intellectual property rights in such Content.

You are granted a personal, non-sublicensable, non-exclusive, revocable, limited, and non-transferable license (“License”) to access and use the Website, Services, and Content for personal and informational purposes; however, such license is subject to these terms and conditions and does not include any right to: (a) sell, resell, or commercially use our Content, except as expressly permitted by us; (b) copy, reproduce, distribute, publicly perform, or publicly display any Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Content; (d) use any data mining, robots, or similar data gathering or extraction methods; (e) use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent; and (f) use our Content other than for their intended purposes. Any use of our Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted.

4. Copyright Complaints.

We respect the intellectual property rights of others. If notified of a violation of another party’s intellectual property rights, we will remove the offending content. If you believe your work has been copied in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

• Identification of the claimed infringing material reasonably sufficient to permit us to locate the material on the Site.

• Information reasonably sufficient to allow us to contact you, such as an address, telephone number, and, if available, an email address.

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or by law.

• A statement by you, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

• Your physical or electronic signature.

We will be in contact with you within thirty (30) days of receipt of your notice or sooner if possible. We appreciate your authorship and ownership of your intellectual property, and we will work with you to address all of your concerns.

5. Reservation of Right to Refuse Service.

Scandalous Coffee, reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion including, without limitation, if Scandalous Coffee believes that the customer conduct violates any of these terms and conditions, applicable law, or is harmful to the interests of Scandalous Coffee and its affiliates.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Orders may not combine promotional offers. We do not allow the use of promotional code discounts when discounted Gift Cards are used for payment. Attempts to do so may result in cancellation of your order(s).

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. Third-Party Content.

Scandalous Coffee may include third-party content, including embedded content, promotions, and advertisements on our Website. Scandalous Coffee does not endorse, adopt, or sponsor such content. You agree that Scandalous Coffee is not responsible for such third-party content. You use such third-party content at your own risk.

Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit to us about our Scandalous Coffee or our Products or Services (collectively, “User Content”), is non-confidential and will become the sole property of Scandalous Coffee. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to User Content and will be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. Errors, Inaccuracies, and Omissions.

On occasion, you may find that the product you received does not match what you saw online, or an advertised price or promotional code may have been posted in error. If this occurs, let us know. We make every attempt to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing, discount codes, or other information on the Services are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product is offered by us is not as described or pictured, your sole remedy is to return it in unused condition for a refund in accordance with our Return policies. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged if applicable. If you receive an order that you believe contains a mistake, we encourage you to contact us right away so that we may correct the order.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

YOU ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS.

SCANDALOUS COFFEE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCANDALOUS COFFEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NONINFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SCANDALOUS COFFEE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM SCANDALOUS COFFEE, ARE FREE OF VIRUSES, ERROR-FREE, OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

SCANDALOUS COFFEE IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SCANDALOUS COFFEE BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT, OR CORRUPTION OF USER INFORMATION, OR FOR ANY TYPE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND ITS CONTENT, WHETHER OR NOT SCANDALOUS COFFEE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGE MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF SCANDALOUS COFFEE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).

9. Indemnification.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold Scandalous Coffee, its directors, officers, employees, agents, and affiliates (collectively, “Scandalous Coffee”) harmless from any loss, liability, claim, demand, damages, expenses, or costs ("Claims") arising out of or related to: (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Scandalous Coffee of any third-party Claims, cooperate with Scandalous Coffee in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Scandalous Coffee Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Scandalous Coffee or the other Scandalous Coffee Parties.

10. Dispute Resolution; Binding Arbitration.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Scandalous Coffee and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Scandalous Coffee seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Scandalous Coffee seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Scandalous Coffee waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms, or our Services will be resolved through confidential binding arbitration held in Maricopa County, Arizona in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Scandalous Coffee agree that any dispute arising out of or related to these Terms, or our Services is personal to you and Scandalous Coffee and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

You and Scandalous Coffee agree that these Terms affect interstate commerce, and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and Scandalous Coffee agree that for any arbitration you initiate, you will pay the filing fee, and Scandalous Coffee will pay the remaining JAMS fees and costs. For any arbitration initiated by Scandalous Coffee, Scandalous Coffee will pay all JAMS fees and costs. You and Scandalous Coffee agree that the state or federal courts of the State of Arizona and the United States sitting in Maricopa County, Arizona have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms, or our Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and Scandalous Coffee will not have the right to assert the claim.

11. Applicable Law.

This website is created, controlled, and operated by Scandalous Coffee, from its offices in the State of Arizona, United States of America. By accessing the Services, you agree that the Terms outlined above shall be governed by and construed in accordance with the laws of the State of Arizona as such, the laws of the State of Arizona will govern these disclaimers and Terms without giving effect to any principles of conflicts of laws. You agree to submit to the exclusive jurisdiction and venue of the state courts located in Maricopa County, Arizona, United States of America, for any disputes arising out of these Terms. Notwithstanding this provision, you agree that Scandalous Coffee may apply for injunctive or other equitable relief in any court of competent jurisdiction.

12. Severability.

If any provision of the Terms is deemed unlawful, void, or for any unenforceable reason, then that provision shall be severable from the other Terms and shall not affect the validity and enforceability of any remaining provisions.

13. General Provisions.

All or any of Scandalous Coffee’s rights and obligations hereunder may be assigned to a subsequent owner or operator of the Services in a merger, acquisition, or sale of all or substantially all of Scandalous Coffee’s assets.

If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms will continue in full force and effect. Scandalous Coffee’s failure to act with respect to a breach by you or others does not waive Scandalous Coffee’s right to act with respect to that breach or subsequent or similar breaches.

These Terms constitute the entire agreement between you and Scandalous Coffee relating to your access to and use of our Services. The failure of Scandalous Coffee to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

14. Survival.

The sections which by their terms are intended to survive the expiration or termination of these Terms, and the termination of your Account, shall continue in full force and effect for a period of one (1) year after the date of termination.

15. Electronic Communication.

By creating a Scandalous Coffee Account, you consent to receive electronic communications from us (e.g., via email or by posting notices to our Services). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically, will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. If you sign up with your email address to join our mailing list, we may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.