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Terms & Conditions

A LEGAL DISCLAIMER

Please read these Terms and Conditions ("Terms") carefully before using the Sur Coffee e-commerce website (the "Website") operated by Sur Coffee ("us," "we," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Sur Coffee. By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

2. Eligibility

By using this Website, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

3. Account Creation

You may have the option to create an account on the Website. If you do, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to terminate your account for any reason, without notice.

4. Product Information

We strive to provide accurate and up-to-date information regarding our products, including descriptions, pricing, images, and availability. However, we do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. Colors and appearances of products may vary depending on your monitor display. We reserve the right to modify product information, including pricing, at any time without prior notice.

5. Ordering and Payment

  • Order Placement: By placing an order through our Website, you are offering to purchase the products selected in your shopping cart. All orders are subject to acceptance by us. We may refuse to accept or may cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspicion of fraudulent activity.

  • Pricing: All prices are listed in [Insert Currency, e.g., USD] and are subject to change without notice. You are responsible for paying the price listed at the time of your order, as well as any applicable sales tax and shipping fees.

  • Payment: We accept various forms of payment as indicated on the Website. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge the total amount of your order to that payment method.

  • Order Confirmation: Once your order is placed, you will receive an order confirmation email. This email confirms that we have received your order but does not guarantee acceptance of your order. Our acceptance of your order and the formation of a contract of sale will occur when we ship the products to you and send you a shipping confirmation email.

6. Shipping and Delivery

  • Shipping: We will ship products to the address you provide during the checkout process. Please ensure that your shipping address is accurate and complete.

  • Shipping Costs: Shipping costs will be calculated and displayed at checkout based on your shipping address and the weight and dimensions of your order.

  • Delivery Times: Estimated delivery times are provided for your convenience and are not guaranteed. Actual delivery times may vary depending on your location, shipping method, and other factors beyond our control.

  • Risk of Loss: The risk of loss and title for products purchased from the Website pass to you upon our delivery to the carrier.

7. Returns and Exchanges

Please refer to our separate "Return and Exchange Policy" [Insert Link to Return and Exchange Policy] for detailed information about our policies and procedures for returns and exchanges.

8. Cruelty-Free Commitment

Sur Coffee is committed to being a cruelty-free brand. This commitment extends to all our products, including our coffee, food items (which are entirely vegan), and our swag clothing and accessories. We ensure that no animal testing is conducted on our products or ingredients, and we strive to source materials and work with suppliers who share our ethical values.

9. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the compilation thereof (the "Content"), is the property of Sur Coffee or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our prior written consent, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

The Sur Coffee name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sur Coffee or its affiliates or licensors. You must not use such marks without our prior written permission.

10. User Content

You may have the opportunity to submit content to the Website, such as reviews, comments, or other materials ("User Content"). By submitting User Content, you grant Sur Coffee a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the User Content that you submit and that the User Content is accurate, not misleading, and does not violate these Terms or the rights of any third party. We have the right, but not the obligation, to monitor, edit, or remove User Content that we deem in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms.

11. Prohibited Uses

You agree not to use the Website for any unlawful purpose or in any way that could violate any applicable federal, state, local, or international law or regulation. You also agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.

  • Attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • Impersonate or attempt to impersonate Sur Coffee, a Sur Coffee employee, another user, or any other person or entity.

  • Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Sur Coffee or users of the Website or expose them to liability.

12. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SUR COFFEE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUR COFFEE DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM SUR COFFEE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUR COFFEE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUR COFFEE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE, OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES FROM THE WEBSITE, EVEN IF SUR COFFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SUR COFFEE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THE PURCHASE OR USE OF PRODUCTS OR SERVICES FROM THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SPECIFIC PRODUCT OR SERVICE AT ISSUE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Sur Coffee, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your use of the Website, your User Content, or your violation of any law or the rights of a third party.

15. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Sur Coffee. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Sur Coffee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We encourage you to review the terms and conditions and privacy policies of any third-party websites or services that you visit.

16. Governing Law and Jurisdiction

These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in Orange County, California, and you hereby irrevocably consent to the personal jurisdiction of such courts.

17. Modifications to Terms

We reserve the right to modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Website. Your continued use of the Website after the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically for any updates or changes.

18. Termination

We may terminate or suspend your access to all or part of the Website, without prior notice and without liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Website will immediately cease.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Sur Coffee concerning the Website and supersede all prior and contemporaneous communications and proposals, whether oral or written, between you and Sur Coffee with respect to the Website.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms will continue in full force and effect.

21. Waiver

No waiver by Sur Coffee of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sur Coffee to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

22. Contact Us

If you have any questions or concerns about these Terms, please contact us via the contact form on this website.

By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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