Terms of service
Important: Please carefully read and understand these Terms of Service. They contain an arbitration agreement, jury and class action waivers, limitations on our liability and other provisions that affect your legal rights.
OVERVIEW
This website is operated by BEWM COFFEE COMPANY LLC. Throughout the site, the terms "BEWM", "we", "us" and "our" refer to BEWM COFFEE COMPANY LLC. BEWM COFFEE COMPANY LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent 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.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our subscriptions are ongoing, but the buyer may cancel at anytime. By ordering a BEWM Coffee Club monthly subscription, you understand and agree to be billed on a per-order basis, in a recurring fashion, at the frequency and quantity of your choosing until you decide to cancel your subscription.
You can cancel your subscription at any time via logging into your customer portal through our website. You can email our customer support team for help at: support@bewmcoffee.com.
To cancel your subscription via your customer account, login to your account and click "Coffee Membership Settings". After you click "Coffee Membership Settings", follow the prompts under "Stop Subscription" to cancel your subscription.
We reserve the right to cancel subscriptions at anytime (with a prorated refund as required for those not on month to month payments).
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. This includes the right to modify, substitute, remove ingredients, or otherwise alter the formulas and specifications for any product, including for products provided as part of a subscription. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.
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.
REFUND POLICY - WHOLE BEAN AND GROUND BAGGED PRODUCTS
Who's Eligible
Applies to first-time purchases from BEWMCoffee.com only. One refund per household. We reserve the right to deny requests that appear abusive or duplicate.
Deadline to Request
Must request your refund within 30 days of delivery (based on carrier tracking).
How to Request a Refund
Returns must be initiated through BEWM Customer Support, via phone or email to be eligible. Email support@bewmcoffee.com with your order number and reason for return.
Shipping Costs
Original shipping fees (if any) are non-refundable.
Refund Timing
Refunds are processed within 2-3 business days of responding to your email or call. Funds are issued to the original payment method (bank processing may take additional time).
SECTION 25 - ARBITRATION & CLASS ACTION WAIVER
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with BEWM and limits the manner in which you can seek relief from BEWM.
General
The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms promptly by negotiation between individuals who have authority to settle the controversy. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.
For your Disputes with BEWM, you must first send your name, address, telephone number, email address, and sufficient information for BEWM to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought to the following email address: support@bewmcoffeeclub.com.
You and BEWM agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference between you and BEWM. If either party to the Dispute is represented by counsel, that party's counsel may participate, but the party also must personally appear at and participate in the conference.
This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after BEWM's receipt of the written description detailed above, you and BEWM agree to the further dispute resolution provisions below.
You and BEWM agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company's employees, agents, affiliates, subsidiaries, successors, representatives, or assigns ("Disputes"), shall be resolved through binding and confidential arbitration, except that you or the Company may elect to have a Dispute heard in small claims court if it qualifies for hearing by such a court.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND BEWM ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Such arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules. The tribunal will consist of one arbitrator. The arbitration will take place in Travis County, Texas, United States. If this location is not feasible, the arbitration shall occur in a location of BEWM's choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Waiver of Jury Trial
YOU AND BEWM WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and BEWM are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and BEWM over whether to vacate or enforce an arbitration award, YOU AND BEWM WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
YOU AND BEWM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular dispute seeking relief on a class or representative basis, neither you nor BEWM is entitled to arbitration; provided, however, that such finding will not invalidate the agreement of the parties to arbitrate disputes on an individual basis. Any claims brought or asserted on an individual basis remain subject to arbitration pursuant to this Arbitration Agreement, irrespective of the unenforceability of the Class Action Waiver. Nothing in this waiver shall be construed to prevent the application by AAA of its Mass Arbitration Supplementary Rules or any successor rules designated by the AAA for managing numerous similar individual arbitration demands.
Opt-out
You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out to the following address:
BEWM Coffee Company
Attn: Legal
4500 S Pleasant Valley Rd #102
Austin, TX 78744
Such opt-out must be postmarked within thirty (30) calendar days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms arbitration provisions.