Terms of service
GEORGE HOWELL COFFEE COMPANY LLC
TERMS AND CONDITIONS OF THE USE OF THIS WEBSITE
General
Your use of the George Howell Coffee Company LLC (the “Company”) Website (“Website”) constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the “Terms and Conditions”). If you do not agree to accept without modification the notices, terms and conditions set forth herein, do not use this Website. These Terms and Conditions of use are subject to change from time to time without notice. Your use of the Website following any change constitutes your agreement to be bound by the terms and conditions then in effect.
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
Use License
The Company grants you the non-exclusive permission to view this Website and to print individual pages from this Website for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You must be at least 18 years of age to use this Website.
As a condition of your use of this Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the site in any manner which would restrict or interfere with anyone’s use or enjoyment of the Website, including, but not limited to, using any device, software or routine or take any other actions that interfere with the proper working of the Website, or introduce any viruses worms or other material that is malicious or technologically harmful. If you breach any of these Terms and Conditions, or violate any federal, state, local or other applicable law or regulation, your authorization to use this Website automatically terminates, and you must immediately cease use of the Website, and we have the right to terminate or suspend your access to all or any part of the Website and take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website.
Copyrights
The Website, and all materials on this Website, including photographs, designs, illustrations, images and text are the copyrighted property of the Company and its affiliates, or third party content providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products and services or services from this Website. For purposes of these Terms and Conditions, any use of the materials contained on this Website or any other Website or for any other purposes except as provided in the Use License is expressly prohibited.
Trademarks
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Website are registered and unregistered trademarks of the Company and others. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website, without the prior written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Company name may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior written permission from the Company. The Company prohibits use of any links to the Website unless establishment of such a link is approved in advance by The Company in writing. Fair use of the Company’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Website may be the Trademarks of their respective owners and should not be used without the permission of the trademark owner.
Products and services
The products and services displayed on this Website are available to customers in the United States (U.S.). In addition, the Company reserves the right to limit quantities, and certain products and services may be in limited quantity and/or availability in certain areas from time to time. The prices of products and services displayed on this Website are quoted in U.S. dollars and are valid and effective only within the United States. The Company is not responsible for any errors in pricing or product and service descriptions, including typographical errors. The Company reserves the right to change its prices for its products and services from time to time.
Return Policy – Coffee
We would like you to be satisfied with your coffee purchase, however we can only accept returns of coffee if there is an issue with the roast or an error with your order. All requests for coffee returns must be made within 7 days of receiving your order and you must provide us with the roast date, batch number, name and order number. If packages are returned because they went undelivered due to error, we reserve the right to charge additional handling/retrieval fees. Contact us at hello@georgehowellcoffee.com or call us at (978) 635-9033 Monday-Friday 10am-5pm Eastern Standard Time. Coffee purchased on our Website can only be returned to our roastery, they cannot be returned at any of our cafes.
Return Policy – Merchandise
We hope you are happy with the merchandise you purchased from us—we take great care and effort to pick the best coffee equipment currently available. We will only accept returns on unused items packed in their original box, complete with all manuals and documentation and shipping prepaid to the point of origin within 30 days of purchase subject to the terms and conditions under the section titled Disclaimer below. Contact us at hello@georgehowellcoffee.com or call us at (978) 635-9033 and please include your name, order number, the item(s) you wish to return/exchange and the reason. We will contact you with instructions regarding how to return your items. Except in the case of damaged merchandise, we cannot refund the price of shipping. Upon inspection of the returned merchandise, we will credit our account without 2-5 business days. Merchandise purchased on our Website can only be returned to our roastery, they cannot be returned at any of our cafes.
Account
You are responsible for purchases made by you or through use of your account. You agree to safeguard your account information to prevent unauthorized access and to notify us immediately in the event you become aware of any actual, potential, or threatened unauthorized access of your account information or use of your account.
Links to Third Party Websites
This Website may contain links to websites owned or operated by parties other than the Company. Such links are provided for your reference only. The Company does not control outside websites and is not responsible for their content. The Company’s inclusion of links to an outside website does not imply any endorsement of the material on the website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked website. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
Feedback
Any comments or feedback you provide to the Company regarding the Website or the Company’s products or services are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to the Company, whether through the Website or otherwise. The Company shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to the Company will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.
Disclaimers of Warranties /Limitation of Liability
While the Company uses reasonable efforts to confirm the reliability and accuracy of information on the Website, there is no guaranty that such information is accurate, and therefore all information is provided on an “as is” basis.
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR THE PRODUCTS AND SERVICES OR SERVICES ASSOCIATED WITH THIS WEBSITE, OR THE SUITABILITY OF THE CONTENT, PRODUCTS OR SERVICES ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE (INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS WEBSITE) OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE COMPANY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS IN THIS WEBSITE, YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
ALL THIRD-PARTY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THE RESPECTIVE THIRD-PARTY MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS, AND WE DO NOT PROVIDE ANY WARRANTIES ON ANY THIRD-PARTY PRODUCTS. IN THE EVENT OF ANY PROBLEM WITH ANY SUCH PRODUCTS, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS DIRECTLY FROM THE THIRD-PARTY MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS OF SUCH PRODUCTS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBWEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW
Indemnification
You agree to defend, indemnify, and hold the Company, its officers, directors, managers, members, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Contacting Us
If you have any questions about this agreement, please call us at (978) 635-9033 or send us an e-mail at hello@georgehowellcoffee.com. Although the Company will in most circumstances be able to receive your e-mail or other information provided through this Website (including, without limitation, service requests and other submissions), the Company does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that the Internet e-mail typically is not secure.
Jurisdiction and Governing Laws
You agree that this agreement and your use of this Website are governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Suffolk County, Massachusetts, USA in all disputes arising out of, relating to, or in any manner concerning this Website and/or this agreement. Use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Company has endeavored to comply with all legal requirements known to it in creating and maintaining this Website but makes no representation that materials on this Website are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
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 the Company’s products shall be paid by you in addition to the stated price.
Prices include the Company’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. The Company 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 the Company 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.
Miscellaneous
You agree that the Company may at any time and without notice change the terms, conditions and notices under which this Website is offered. Your continued use of the Website after the posting of a revised Terms of Use means that you accept and agree to the changes. The Company reserves the right in its sole discretion to deny access to the Website or any portion thereof to any person or user without notice.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or your use of this Website.
The Company’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by the Company with respect to such use.
This agreement and the Website Privacy Policy constitutes the entire agreement between you and The Company with respect to this Website. This agreement and the Website Privacy Policy supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Website. No modification of this agreement shall be effective unless it is authored by the Company or its affiliates, or unless it is physically signed by a Company officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by the Company in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by the Company in printed form.
This document was last updated on October 24, 2022.
Copyright © 2022 George Howell Coffee Company LLC. All Rights Reserved.
FOR INFORMATION REGARDING THE COMPANY PRIVACY POLICY CLICK HERE.