Terms and Conditions
OVERVIEW
This website is operated by Caffeine Coffee Roasters (Caffeine LLC). Throughout the website, the terms “we”, “us” and “our” refer to Caffeine Coffee Roasters. This website, including all information, tools and services available from this site, can be available to the users upon their acceptance of all terms, policies and notices stated in these General Terms and Conditions (hereinafter referred to as “Terms”) and other sections of the website.
By visiting our website and/ or purchasing our products/ services, you agree to be bound by the Terms, including additional policies referenced herein and/ or available in our website. These Terms apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.
SECTION 1 - GENERAL CONDITIONS
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By agreeing to these Terms, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products/ services for any illegal or unauthorized purpose nor may you violate any laws in the jurisdiction of the Republic of Armenia (including but not limited to intellectual property laws). - A breach of any of the Terms may result in an immediate termination of your services.
SECTION 2 – DEFINITIONS
Terms – General Terms and Conditions;
We - Caffeine Coffee Roasters (Caffeine LLC), a company duly registered and operating in the Republic of Armenia (State Registration Number: 21.110.1072313; TIN: 07621868), the author of present Terms, provider of services and seller of products set forth in these Terms and other sections of the website;
Customer – individual or legal entity who has accepted the present public offer and purchased our products/ services;
Data subject - individual customers and physical entities who engage in any kind of legal relation with us whose personal data are being processed by us in accordance with the legislation of the Republic of Armenia covering personal data protection;
Party – an entity deemed the party of the present Agreement: the Customer or We;
Product(s) – goods offered in our website, including but not limited to the assortment of coffee;
Service(s) – services related to arranging the purchase of products and their delivery, as well as other services as envisaged in our website.
SECTION 3 - ONLINE PURCHASE TERMS
Products envisaged by these Terms and explicitly posted in our website can be purchased through the following procedure:
Step 1: Customer visits our website and gets acquainted with our products;
Step 2: Customer reads carefully the essential information about products offered in our website and mentioned in these Terms (including but not limited to the description of products, specific quantities available for sale, prices, terms of delivery, etc.);
Step 3: Customer accepts our public offer, which consists of these Terms and the essential information about our products and services mentioned in respective sections of our website, by placing an order. Before proceeding with submission of order the Customer will be requested to read carefully these Terms and consciously accept them;
Step 4: While placing an order the customer shall chose the specific name of the product from the drop-down list, clearly mention the required quantity/ weight of the product, as well as provide information which makes it possible to identify him/her as a customer, such as the name, surname, identification document number, current address and registration address, phone number, email address.
Step 5: After the product is selected the customer is redirected to the website of online payment platform which is conducted and controlled by a third party. The third party provides online payment and settlement services which are required for making online payments to purchase the products mentioned in our website. The detailed information on the procedure of making an online payment is available on the third party’s website. The order placement and, accordingly, the purchase transaction is considered finalized when the payment is done via online payment platform upon a respective confirmation. The regulation envisaged by the SECTION 6 of present Terms apply to the relations between the customer, third party online payment platform and us.
Step 6: After the payment is done the product is delivered to the customer. Delivery is carried out every Thursday only. All the orders placed until 00:00 (i.e. including 11:59) of Tuesday of the current week will be delivered on Thursday of the current week. Orders placed after 00:00 of Tuesday of the current week will be delivered next Thursday. Nevertheless, it is possible that the delivery date can be altered from time to time. In such case, relevant information will be posted in our website.
Notes:
- The minimal weight of product to be ordered is 250g.
- Currently the delivery is conducted only within Yerevan and Dilijan.
- After the product is handed to the customer it is deemed accepted by the latter.
- After the payment is conducted the order terms (e.g. the type, weight, quantity of purchased product) can be altered only before the delivery date and only if it is feasible from our side. For this purpose, the customer shall contact us by phone and consult the changes of order with us before the date of delivery. The order alteration will be rejected if the customer contacts us on or after the date of delivery. To complete the alteration the customer can be requested to send an email to us from his/ her email address mentioned during placement of order, where the specific changes to the terms of order shall be stated. In case the requested changes to the order are feasible we will ask the customer to make additional payment (proportionally to the price that has raised) if the price of the order has raised after order alteration, or we will return the difference of payment, if the price of altered order is less than the initial one. The order alteration will be proceeded accordingly after we receive the additional payment amount as mentioned above.
- No return/ replacement of products of good (proper) quality is possible. Only products of bad quality can be returned/ replaced. In order to return/ replace a product of bad quality the customer shall contact us by phone and describe the specific issues with the product. The customer may be requested to send photos of the product of allegedly bad quality. The return/ replacement of product can be conducted only if it is confirmed from our side that the product was of bad quality before it was delivered to the customer. If the return/ replacement is confirmed from our side the customer will have the opportunity to get another product with the same terms of purchase as the initial one or get the full refund of the sum already paid to us.
SECTION 4 - MODIFICATIONS TO PRICES AND SERVICES
- Prices for our products are subject to change with a prior notice in our website.
- We reserve the right at any time to modify or discontinue our services (or any part thereof).
- We shall not be liable to you or to any third-party for any price change, modification, suspension or discontinuance of our services.
SECTION 5 - ACCURACY OF INFORMATION AND PURCHASE LIMITATIONS
- You agree to provide your current, complete and accurate information for all purchases made via our website. You agree to promptly update your information, including your contact details, so that we can complete your transactions and contact you as needed.
- We may, in our sole discretion, limit or cancel purchases. These restrictions may include orders placed under the same customer account 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 e-mail 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.
SECTION 6 – THIRD - PARTY TOOLS
- We may provide you with access to third-party tools (including online payment platforms) over which we neither monitor nor have any control.
- You acknowledge and agree that we provide access to such tools “as is” without any warranties. We shall have no liability whatsoever arising from or relating to your use of those third-party tools.
- You should agree and comply with the terms on which those tools are provided by the relevant third-party provider(s).
SECTION 7 - THIRD-PARTY LINKS
- Certain content available via our website may include materials from third-parties. Some links may direct you to third-party websites that are not affiliated with us.
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We are not responsible for examining or evaluating the content or accuracy thereof.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. - Please review carefully the third-party's policies and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products/ services should be directed to the third-party.
SECTION 8 - USER COMMENTS AND FEEDBACK
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- You agree that your comments will not violate anyone’s rights, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain otherwise unlawful, or abusive material, or contain any computer virus or other malware that could in any way affect our operation.
- You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
- You are solely responsible for any comments you make and their accuracy. We assume no liability for any comments posted by you or any third-party.
SECTION 9 - PERSONAL DATA AND CONFIDENTIALITY
- In terms of our operation, we collect personal data of our customers which allow or may allow to identify directly or indirectly the personality thereof.
- We may process (including: collection/ fixation/ input or systematization/ organization or preserving, use, change/ correction, recovery, transfer, blocking or destruction or other actions) the personal data to:
- provide customers with our products/ services;
- provide customers with information, including events, press releases, tips and helpful information and marketing communications about our products/ services;
- contact and interact with the customers (e.g. responding their requests, providing important notices and updates, such as changes to these Terms and security alerts, etc.);
- comply with the requirements of applicable laws, regulations and guidance;
- comply with demands or requests made by regulators, government, courts and law enforcement authorities;
- investigate and take action against illegal or harmful behavior.
- Improve our day-to-day operations, such as monitoring, data analysis and research to help deliver and improve our products/ services; and
- to ensure the availability of up-to-date contact information for customers.
- At times, we may need to get the customer’s consent to allow us to use his/ her personal data for specific purposes.
- We will always process the aforementioned personal data in full accordance with the requirements set forth by the applicable legislation.
- We preserve the personal data of customers:
- for as long as needed to provide customers with possibility to purchase our products/ use our services;
- where a customer has contacted us with a question or request, for as long as necessary to allow us to respond the question or request;
- for any other period specified by the legislation in force of the Republic of Armenia.
- The personal data of customers may be transferred to third parties (including the online payment platforms) and proceeded by them according to their procedures and in compliance with the requirements set forth by the legislation in force of the Republic of Armenia.
- In terms of the present Terms, the data subject may be entitled to:
- get acquainted with the personal data that we hold about him/her;
- request the correction and/ or deletion of personal data;
- request the restriction of the processing of personal data, or object to that processing;
- withdraw the consent to the processing of personal data (where the data processing is conducted based on the data subject’s separate written consent);
- complain to personal data protection authority if his/ her privacy rights are violated, or if he/ she has suffered as a result of unlawful processing of personal data.
- Where the data subject is given the option to share personal data with us, he/ she can always choose not to do so. If the data subject objects to the processing of personal data, or if he/ she has provided his/ her consent to processing and later chooses to withdraw or ask us to delete it, we will respect that choice and act accordingly. This could mean that we may not be able to perform the actions necessary to achieve the purposes as set out above or that the data subject is unable to make use of our services or purchase our products.
- The personal data of data subject are considered confidential and shall not be disclosed by us, unless it is required by the law or is necessary for protecting our rights.
- We use a variety of security measures and technologies to protect the personal data of our customers from unauthorized access, use, disclosure, alteration or destruction in line with applicable data protection and privacy laws.
- When data subject submits sensitive information via our website it is protected both online and offline.
- Only employees who need this information to perform a specific job are granted access to the personal data of customers.
- We are not responsible for unauthorized access to the data subject’s account and personal data that may result from viruses or other threats on his/ her computer.
- The transmission of information via the internet or a mobile phone network connection may not be completely secure and any transmission is at data subject’s own risk.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
- We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information posted in our website is inaccurate at any time without prior notice.
SECTION 11 - PROHIBITED USE
- In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or state regulations, laws; (d) to violate our intellectual property rights or the intellectual property rights of others; (e) to use our services/ products for commercial purposes (as a dealer, reseller or distributor) without our express written consent; (f) to insult, harm, defame, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that may affect our operation in any way; (i) to collect the personal data of others; or (j) to spam or phish.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any information reflected in our website or made available to you upon using our services/ purchasing our products without our express written consent.
- We reserve the right to terminate your use of our services for violating any of the prohibited uses without prior notice.
SECTION 12 - LIMITATION OF LIABILITY
- We do not guarantee that your use of our services will be uninterrupted, secure or error-free.
- You agree that from time to time we may remove the services for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, our services is at your sole risk. Our products are delivered to you “as is”.
- Each party bears responsibility for the actual (essential) damages caused to the counterparty during the fulfillment of the agreement. The parties abstain from mutual demands for the compensation of consequential losses and lost profits.
SECTION 13 - ENTIRE AGREEMENT
- These Terms, along with all essential information (e.g. products’ description, prices, information on purchase and delivery procedure) posted in our website constitute the entire agreement and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
SECTION 14 – SEVERABILITY
- In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of the Terms.
- Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
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Terms are in Armenian and English. In case of discrepancies, the Armenian version shall prevail.
SECTION 15 - CHANGES TO TERMS
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You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. - It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 16 – TERMINATION
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services/ purchase our products, or when you cease using our website.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services/ products (or any part thereof).
SECTION 17 – FORCE – MAJEURE
- The parties shall bear no responsibility for failure to fulfill their obligations (fully or partially), in case it is a consequence of force-majeure (e.g. of flood, fire, earthquake, other natural disaster, act of war, armed attack, explosion, mass disorder, strike, or other events outside the control of the respective Party).
SECTION 18 - GOVERNING LAW AND DISPUTES RESOLUTION
- The Terms are regulated and interpreted in compliance with the substantive norms of the legislation of the Republic of Armenia in force.
- The parties of this agreement shall negotiate and make every effort to resolve any dispute, arising from the use of services or purchase of products, peacefully and under mutually acceptable conditions.
- In case of mutual written agreement between the parties and as stipulated by the applicable legislation of the Republic of Armenia, resolution of the dispute can be entrusted to any extrajudicial body (arbitrage, mediator, etc.).
- In case the parties fail to find a resolution to the dispute through negotiations or any of the party does not agree to transfer the dispute resolution to any extrajudicial body, the dispute shall be resolved by the authorized court. For resolution of disputes, any of the parties of this agreement is entitled to apply to the Court of General Jurisdiction of First Instance situated in the district of location of Caffeine LLC, mentioned in SECTION 19.
SECTION 19 – CAFFEINE COFFEE ROASTERS (CAFFEINE LLC) CONTACT INFORMATION
Address: 155 Myasnikyan str., 3901 Dilijan, Tavoush, Armenia
Email: info@caffeine.am
Phone: +37477073803