Terms & Conditions

Thank you for choosing copacabanacoffee!

Contents

Version:
Last Updated:
1. Introduction, Acceptance and Service Description:
2. Definitions:
3. Eligibility:
4. Order Placement:
5. Order Rejection:
6. Conduct:
7. Changes to the Website:
8. Limited User:
9. Registration/Creation of a Profile:
10. Images on the Platform and Products may not look identical:
11. Payment and Taxes:
12. Complaints:
13. Shipping of the products:
14. Communication from the Platform:
15. Disclaimer:
16. Limitation of Liability:
17. Link to Third Party Sites:
18. Force majeure:
19. User Obligations:
20. Privacy:
21. Notices:
22. Refund and Cancellation
23. Promotion Codes/Discount Coupons:
24. Intellectual Property Rights:
25. Indemnification:
26. Waiver and Entire Agreement:
27. Headings and Interpretation:
28. Severability:
29. Termination:
30. GoverningLaw:

Version:

1st version. In force.

Last Updated:

This document was last updated on July 16th 2018

1. Introduction, Acceptance and Service Description:

1.1. www.copacabanacoffee.com, hereinafter referred to as the “Copacabanacoffee”, “We”, “Us”, “Our”, “Platform” or “Website” is owned and operated by _____________name of your business_________. Copacabanacoffee is a website that allows a user to buy coffee online. Copacabanacoffee promises to use the highest quality, cleanest, nutritious, GMO-free, and vegan ingredients in all its products. The Website is an online outlet which enables a user to read the details and description of the products and place an order to purchase them.

1.2. Through this Platform, We sell different types of coffees to our users in the United States of America. The terms “User”, “You”, Your” and “Customer” shall mean any person who visits Copacabanacoffee, places an order, browses the content of the Website, creates his profile and/or interacts with the Website in any manner whatsoever.

1.3. The terms and conditions provided herein form a binding agreement between you and Copacabanacoffee. In the event, you cannot form a legally binding agreement, you should stop using the website. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

1.4. IF YOU ARE USING THE PLATFORM YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE PLATFORM ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS PLATFORM, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

1.5 Copacabanacoffee may update and/or modify the Terms without any notice to the Users. However, we may send you a notice whenever the Terms are updated. You agree to keep reviewing the most updated version of Terms and Conditions, the Privacy Policy and the Refund and Cancellation Policy and other service specific terms.

2. Definitions:

Unless context provides for otherwise, the following terms used in the Terms and Conditions, Refund and Cancellation Policy and Privacy Policy shall have the following meaning:

2.1. “Website” shall mean www.copacabanacoffee.com.

2.2. “User” shall mean any person who visits Copacabanacoffee, places an order, browses the content of the Website, creates his profile and/or interacts with the Website in any manner whatsoever. Use of the website includes without limitation placing an order.

2.3. “Product” shall mean coffee sold by Copacabanacoffee.

2.4. “Terms” shall mean our Terms and Conditions, Privacy Policy, Refund and Cancellation Policy and the documents incorporated in the Terms and Conditions by way of reference.

2.5. “Shipping Company” shall mean the company transporting the product to the User(s)

2.6. “Confirmed Order” shall mean an order in which a “confirmation of order placement” has been received by the user.

2.7. “Content” shall mean all the contents available on the website including text, images, videos, audiovisuals, charts, descriptions, tables, layouts, themes and fonts.

2.8. “Linked Websites” shall mean the third party websites linked with www.copacabanacoffee.com.

3. Eligibility:

By using the Website, you represent that you are not a minor. You should be of a legal age required to enter into a legally binding contract. Further, by using the Website, you represent that you are not restricted, in any manner whatsoever, to enter into this Agreement and/or you are not a party to a lawsuit/case, order in which or legal pronouncements in which, shall leave you incapable of entering into a legally binding contract.

4. Order Placement:

4.1. You can select one or more Products and place an order by clicking on the place and order option. Please enter the details such as your name, address, contact details, and quantity you want to purchase at the time of order placement. After clicking on “Place an Order” you would be redirected to the payment page. You can choose the payment method and follow the steps to make the payment. Once the payment is made, an order confirmation with order number and the details of the product shall be sent to you at your registered email address. We may also send an SMS on your registered mobile number.

4.2. You agree to provide your complete address at the time of placing an order. Orders with incomplete details shall be rejected. However, in the case of deficiencies, we may contact you to complete the details and/or verify the order placement.

5. Order Rejection:

5.1. We reserve the right to reject the orders placed by a User without assigning any reason thereof. In general, an order shall be reject a) when the details provided by the user is not enough to deliver the product, b) non-payment, c) duplicate orders, d) short payments, and e) non-availability of the stock. In certain circumstances, such as a Force Majeure event, the Website may cancel confirmed orders if such Force Majeure event is likely to cause an unreasonable delay in processing the order.

5.2. You understand and agree that the orders placed with inadequate information can be rejected by the Website without assigning any reason or prior notice. In the event, you have not received the confirmation of the order placement, you should immediately contact Copacabanacoffee at info@copacabanacoffee.com.

6. Conduct:

6.1. You agree to not to use the Website, the Products and its Contents unlawfully and/or for any unlawful purpose and/or to substantiate any illegal activity. You agree to keep your ID and the Password in safe custody to prevent any unauthorized access to your profile. If so requested and/or allowed to review and provide the feedback of our products, you should not post/write/upload any discriminatory, defamatory, salacious, unethical words/comments, photos, images and texts that can offend other Users of the Website in any manner. In the event, you are found to be in non-compliance with these terms, we reserve the right to remove such infringing content and restrict and/or limit your access to the Website.

6.2. By using the Platform, you agree to not bring the Platform in any use other than as specifically permitted herein. You agree to not to use the Platform for the purpose other than buying and selling the Products listed on the Platform.

7. Changes to the Website:

We may discontinue or change any Copacabanacoffee content, services, functions or features at any time with or without prior notice to you. We may, however, at our sole discretion, send a communication to you in accordance with our Privacy Policy concerning any change made to Copacabanacoffee.

8. Limited User:

You agree to use the Website as an end user. You shall not resale the products bought using the Website. You shall not utilize the Website content and/or any portion of the Website without our express permission. The Website and the Products are for your personal use only. You agree to not to scrap any data, reverse engineer, copy, aggregate and exploit any portion of the Website for any reason whatsoever.

9. Registration/Creation of a Profile:

If you place an order, your profile shall be auto created by the Website. Registration is the process of creating your profile on the Platform. You are requested to complete a Registration Form before placing your first order through the Platform. Once registered, you shall be able to place subsequent orders by logging in to your profile using an OTP or your id and password. You agree that all registration information you provide will be accurate, complete and current. You must inform us as soon as you can if your information requires updating. Please read our Privacy Policy which applies to any registration information we collect from our Users.

10. Images on the Platform and Products may not look identical:

By Using the Platform, You agree that the images, photos or any content representing a particular Product may vary in reality when delivered. By using the Platform, You understand that the photos and or videos of the Product are taken using high definition imaging devices which may add false colors in the images or make the images look good by varying definitions and settings. You understand and agree that the Product or the boxes they are packed in may look different from the images available on the website.

11. Payment and Taxes:

1.1. You agree to pay the price of the Products along with the applicable taxes (if any) and shipping charges. The total price payable will be displayed to the User before making payment. The payment shall be made in full. You understand that the website shall reject the orders if no payment is made by the user or the payment is deficient. There is no cash on delivery option available.

1.2. User confirms that Copacabanacoffee shall not be responsible for any deficiency in payment of charges payable towards the Products.

1.3. We accept the payment through net banking, and credit/debit cards only. A User is also allowed to use e-wallets to make payments.

1.4. Gateway Charges may be applicable to you in the event you opt for making your payment through Debit Card, Credit Card and Net Banking. Please note that Copacabanacoffee cannot control any fees that may be charged to User by payment gateways related to such a transaction and Copacabanacoffee disclaims all liabilities in this regard.

1.5 User should not take any action based on information on the Platform until he has received a confirmation of the transaction. In case of confirmations to be received by email, if User does not receive any confirmation of User’s transaction within the stipulated time period, User may first look into “spam” or “junk” folder to verify that it has not been misdirected, and if still not found, please contact Copacabanacoffee on Contact us. Your payment email________________.

12. Complaints:

Keeping the interest of our customers protected is our topmost priority. We try not to let our customers have any such experience which shall give them a chance to raise a ticket (dispute). However, in certain circumstances, when they become unhappy with our services or products, we allow them to raise a dispute through our website. In the event, a ticket is raised, our team gets in touch with the customer to seek further details if required. In general, a dispute is resolved within seven business days, excluding the time taken in processing a refund, and time taken by a courier company in either accepting a return or delivering a product.

13. Shipping of the products:

13.1. The Products are delivered via _______(name of the courier company for example DHL, FedEx) ___________. Depending on your location, the delivery time may vary between 2-15 business days. You can check the approximate delivery time at the time of order placement. Once the Product is shipped, you will receive a communication from us containing the shipment details and expected date and time of delivery. You can track your shipment at your convince to know the status of the shipment if it is in transit or out for delivery.

13.2. In the event, you fail to accept the delivery for the reasons being your unavailability and/or the circumstances beyond your control, the shipping company shall return the Product to us. The refund shall be processed as per our Refund and Cancellation Policy.

13.3. You agree and understand that in the event of wrong address provided by you at the time of order placement, refusal to accept the shipment (containing the Product) and non-delivery, part delivery, wrong delivery if resulting due to your errors and omissions shall be subject to return shipment charges and/or processing charges as per our Refund and Cancellation Policy.

13.4. In the event, if the Product is missing or you are in receipt of a wrong (product other than the Product), damaged, or tampered box (collectively “Damaged Product”); kindly write us on info@copacabanacoffee.com, within two (2) calendar days of the receipt of the Damaged Product.

14. Communication from the Platform:

You agree to receive communication from the Platform. You may receive SMS, Calls, emails, letters, questionnaires or surveys in connection with your activities on the Platform. When you register with or place an order through Copacabanacoffee, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/Services that we believe may benefit you on the contact details provided by you during the registration process.

15. Disclaimer:

You expressly acknowledge and agree that use of the Platform and our services is entirely at your own risk and that the Platform and the Service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Copacabanacoffee, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and Your use thereof. Copacabanacoffee makes no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any third party Platforms linked to the Platform and assumes no liability or responsibility for any errors, mistakes, or inaccuracies in the contents and or personal injuries resulting thereof.

16. Limitation of Liability:

a. In no event shall Copacabanacoffee, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Copacabanacoffee has been advised of the possibility of such damages), resulting from any aspect of your use of the Platform or the Product, including without limitation whether the damages arise from use or misuse of the Platform or the Products, from inability to use the Platform or the Product, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Copacabanacoffee. These limitations shall apply to the fullest extent permitted by law. Although Copacabanacoffee makes reasonable commercial efforts to ensure that the description and content in the Terms and on each page of the Platform is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.

b. In no event shall Copacabanacoffee be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from without limitation, damages for loss of use, arising out of or in any way connected with availing services from Copacabanacoffee and/or using the Platform.

c. Copacabanacoffee shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension or access to our services that may occur due to technical reasons or for any reason beyond Copacabanacoffee’s control.

d. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

e. The maximum liability on part of Copacabanacoffee arising under any circumstances shall be limited up to a maximum of the refund of total amount received from the User in the disputed transaction, less any cancellation, refund or others charges, as may be applicable. In no case Copacabanacoffee shall be liable for any consequential loss, damage or additional expense whatsoever.

17. Link to Third Party Sites:

On our Website, we may allow third party website to serve ads and/or to perform specific tasks such as payment gateways. Our Website may contain links to the third party websites. We recommend you to refer the terms and conditions and privacy policy of such third party website before using them. Since the third party websites are not under our control, we cannot guarantee the authenticity of the information and the content available on them. In no event shall, Copacabanacoffee, its officers, directors, employees, promoters, affiliates, and assigns, be held liable for any direct, indirect, exemplary or consequential damages resulting from your use of the Linked Websites.

18. Force majeure:

Delivery of the Products may be delayed in the event of the circumstances beyond our control such as labor disputes, strikes, flood, war, earthquake and or other natural calamities. In a force majeure situation, we shall wait for 15 calendar days in addition to the days needed to ship the Product. If the force majeure situation is not corrected within the 15 calendar days, the order shall stand cancelled and we shall refund the payments made by you as per our Refund and Cancellation Policy.

19. User Obligations:

19.1. To avail a service through the Platform, the User has and must continue to maintain at his sole cost: (a) all the necessary equipment including a mobile device to access the Platform; (b) own access to the internet. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User. Further, the user agrees to keep his id and password safe and secure. We shall assume that a person login in using your id and password is doing so with your permission.

19.2. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, OTP, and its financial details, and shall be fully responsible for all activities that occur with the use of such password or user id. You are responsible for the security of your password and for all transactions undertaken using your password. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Copacabanacoffee. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Copacabanacoffee services. Copacabanacoffee will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your ID/password/credit card number/account details number for using Copacabanacoffee Services.

19.3. The User also agrees and undertakes to immediately notify Copacabanacoffee of any unauthorized use of the User’s password or user id and to ensure that the user logs off at the end of each session at the Platform. Copacabanacoffee shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement.

19.4. The User also agrees to provide true, accurate and complete information about himself at the time of placing orders through the Platform. If the User provide any information that is untrue, inaccurate, not current or incomplete or Copacabanacoffee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Copacabanacoffee has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Platform and/or any service.

20. Privacy:

20.1. If you are using our Platform, you will be sharing your personal as well as some non-personal information with us. All this information is collected through our Platform that you may visit either directly or indirectly (through the ads or hyperlinks). Our privacy policy governs the collection, storage and use of the personal and non-personal information shared by you, including the personal and non-personal information of any other person associated with you. Please note that all direct or indirect users of our Platform shall be bound to the terms of our privacy policy, and shall expressly consent to the collection, storage and use of the personal and non-personal information as the case may be. Please read our privacy policy.

20.2. By using our Platform or the services, you agree to abide by the latest version of our privacy policy, updated from time to time. You are requested to keep visiting this page at regular intervals to make sure you are aware of the updates or the changes made to our privacy policy (if any). You may receive a communication from us whenever our privacy policy or other terms are updated. We may also publish a notice on the Platform regarding any change made to this privacy policy or other terms.

21. Notices:

For queries related to our Terms, kindly write us on info@copacabanacoffee.com

22. Refund and Cancellation:

22.1 Cancellation Policy:

A Confirmed Order can be cancelled by a User at any point in time before the Product is delivered to the User. However, we reserve the right to deduct the transit/transportation cost applicable on the Product (rounded to the nearest 10). The Website enables a User to raise a cancellation request in connection with the Products. On receipt of a cancellation request with all the details such as order no, details of the user etc., we shall process the request subject to these terms within fifteen (15) business days.

22.2 Refund Policy:

In the event, a box is found to be damaged, tampered, pilfered or spilt inside the box, you can contact us on info@copacabanacoffee.com, and request a refund. The user shall also be entitled to a refund in the event he is in receipt of a wrong item. Refunds are processed within five (15) business days from their receipt.
The User is requested to maintain the proof of receipt of a damaged or tempered box. For removal of doubt, it is clarified that the User should take photographs of the delivered item without taking it out of the box. Photographs should be taken from different angles without limiting the number. The photos have to be attached with the return request.
The User will not be entitled to the refund/return or cancellation, in the event, the damage, pilferage and/or spilling has resulted due to the mishandling, or in any manner, by the actions of the User itself. We reserve the right to adjust the delivery/transportation charges (if any) with the refund amount.
In the event, a User is not available to accept the delivery, and the product is returned to us, we shall wait for you to raise a refund request within five (5) business days of the receipt of the refused/non-delivered product. A refund shall be processed within 15 business days after the expiry of the aforementioned period.
Refund in case of non-availability of the Product:
In the event the Product is unavailable for any reason and you have made the payment, such payment shall be refunded to you within 15 business days in case we are unable to replenish the stock within three (3) business days.
Refund in the event of force majeure:
Refund in the case of force majeure situations are processed after the expiry of 15 calendar days from the date of order placement. However, if you cancel the order before the expiry of the 15 days period, you shall be eligible for refund as per our cancellation policy.
Refund in the event of refused orders and non-delivery of the product by the courier company due to the change in address:
In the event, a User is not available to accept the shipment and the shipment is returned back to us, the User shall be entitled to a refund of the amount paid by him. A User shall be entitled to a refund in the event the address provided by him is incorrect or changed. However such refunds shall be subject to return shipping charges. The refund shall be processed within fifteen (15) business days of the receipt of the refund request from the User.
For queries related to our Refund and Cancellation Policy, please write to us on info@copacabanacoffee.com.

23. Promotion Codes/Discount Coupons:

Our Users can avail discounts on their purchases on the Website. The Website, from time to time, may send promotional codes and/or offers covering certain Products. Such offers and discount codes can be utilized by the Users on the Website at the time of order placement. Promo codes and/or discount coupons shall be considered expired in the event, the stock against which such promo codes and/or discount coupons were issued, lasts and the time within which they were to be utilized, expires. Further, We reserve the right to withdraw any offer, sale, promo code and other benefits granted to the users without any prior notice.

You can avail only one offer at a time.
You cannot combine more than one offer with a single order.
Copacabanacoffee reserves the right to add, alter, modify and withdraw any and all promotion codes without any prior notice. In no circumstances, Copacabanacoffee shall be held liable for expired and or rejected coupons.

24. Intellectual Property Rights:

We strictly prohibit the infringement of intellectual property rights on our Website. Copacabanacoffee is our trademark. Any unauthorized use of the trademark is strictly prohibited. The Website including its Content is the sole property of Copacabanacoffee. The Content available on the Website is copyrighted in our name. We do not allow any duplication, copying, aggregating, compiling, decompiling, reverse engineering and exploitation of the Website and its Content for any commercial or non- commercial purpose. However, a User placing order through the Website shall be allowed to take printout of the order confirmation, the Terms, and such other details which are reasonably required by him in connection with the order placed. We strictly prohibit unauthorized copying and dissemination of the Content for commercial purposes.

25. Indemnification:

You agree to hold harmless Copacabanacoffee, its officers, directors, employees, agents and assigns, from all the losses, damages, liabilities, costs and expenses (including attorney’s fee), incurred by us and/or asserted against us due to your non-compliance of the Terms, breach of these terms and conditions and non-performance of your representations and warranties.

26. Waiver and Entire Agreement:

Our failure to enforce any term and condition shall not be considered a waiver of our rights and the provisions of these Terms. These Terms shall constitute the entire agreement between the Copacabanacoffee and the Users. All prior and personal understandings between the Copacabanacoffee and the User (including any representations either in person, telephonic, written or of any nature) stand null and void.

27. Headings and Interpretation:

The headings and subheadings do not describe, interpret, define or limit the scope, extent or intent of these terms and conditions in any manner whatsoever. The pronouns used in this user agreement shall represent both the female and male. Further, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this document as a whole.

28. Severability:

In the event, if any provision of the Terms is found to be invalid and illegal, such invalidity and illegality shall be limited to that provision only. Remaining portion of this agreement shall remain in force and effect.

29. Termination:

Either you or we may terminate this Agreement with or without cause at any time to be effective immediately. Without prejudice to the other remedies available to Copacabanacoffee under this Agreement, or under applicable law, we may limit your activity, or end your task or project posting, either temporarily or indefinitely, suspend or terminate your registration, and/or refuse to provide the you with access to the Application if:

You are in breach of this Agreement and/or the documents it incorporates by reference;
We are unable to verify or authenticate any information provided by You;
We believe that your actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for Copacabanacoffee.
The user agrees that we may under certain circumstances and without prior notice, immediately terminate your registration and access to the Application. Causes for termination may include, but shall not be limited to, breach of the Terms, requests by enforcement or government agencies, non-payment of fees to Copacabanacoffee.

30. Governing Law:

The Terms including the documents it incorporates by reference shall be governed and interpreted in accordance with the laws of _______name of your state, USA. Disputes arising out hereto shall be subject to the exclusive jurisdiction to of the court of ___________name of your state, USA, and the courts competent to hear the appeal therefrom.

06:00 am to 04:00 pm

77 E Milton Ave , Rahway NJ 07065