Terms of Use
Terms and Conditions
By using the Treasure Cup Web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE,
LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that
appear elsewhere on the Treasure Cup Web site.
References to Treasure Cup herein refer to Treasure Cup Coffee Roasters LLC
Treasure Cup reserves the right to make changes to the Treasure Cup Web site and
its Conditions of Use and Legal Notices at any time. Each time you use the Treasure
Cup Web site, you should visit and review the then current Conditions of Use, Legal
Notices and Privacy Policy that apply to your transactions and use of this site.
If you are dissatisfied with the Treasure Cup Web site, its content or Conditions
of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue
using the Treasure Cup Web site.
Tampering with the site, misrepresenting the identity of a user, using buying agents
or conducting fraudulent activities on the site are prohibited.
Copyright and Trademarks
The trademarks, logos and service marks (collectively, the "Trademarks") displayed
on the Site are registered and unregistered Trademarks of Treasure Cup, and others.
The entire content included in this site, including but not limited to text, graphics
or code is copyrighted as a collective work under the United States and other copyright
laws, and is the property of Treasure Cup. The collective work includes works that
are licensed to Treasure Cup. Copyright 2007, Treasure Cup ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this
site for the sole purpose of placing an order with Treasure Cup or purchasing Treasure
Cup products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own non-commercial
use, or to place an order with Treasure Cup or to purchase Treasure Cup products.
Any other use, including but not limited to the reproduction, distribution, display
or transmission of the content of this site is strictly prohibited, unless authorized
by Treasure Cup. You further agree not to change or delete any proprietary notices
from materials downloaded from the site.
Access to this Site does not confer and shall not be considered as conferring upon
anyone any license under any of Treasure Cup's or any third party's intellectual
property rights. The Treasure Cup names and logos and all related product and service
names, design marks and slogans are the trademarks or service marks of Treasure
Cup. All other marks are the property of their respective companies. No trademark
or service mark license is granted in connection with the materials contained on
this site. Access to this Site does not authorize anyone to use any name, logo or
mark in any manner. References on this Site to any names, marks, products or services
of third parties or hypertext links to third party sites or information are provided
solely as a convenience to you and do not in any way constitute or imply Treasure
Cup's endorsement, sponsorship or recommendation of the third party, information,
product or service. Treasure Cup is not responsible for the content of any third
party sites and does not make any representations regarding the content or accuracy
of material on such sites. If you decide to link to any such third party web sites,
you do so entirely at your own risk.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without
warranties of any kind, whether express or implied. To the fullest extent permissible
pursuant to applicable law, Treasure Cup disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. Treasure Cup does not represent or
warrant that the functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components. Treasure Cup does
not make any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort,
contract, strict liability or otherwise, shall Treasure Cup or any of its employees,
directors, officers, agents, vendors or suppliers be liable to you or to any other
person for any indirect, special, incidental or consequential losses or damages
of any nature arising out of or in connection with the use of or inability to use
the Treasure Cup web site, including, without limitation, damages for lost profits,
loss of goodwill, loss of data, work stoppage, accuracy of results, or computer
failure or malfunction, even if an authorized representative of Treasure Cup has
been advised of or should have known of the possibility of such damages. In no event
will Treasure Cup be liable for any damages in excess of the fees paid by you in
connection with your use of the site.
Typographical Errors
Prices and availability of products and services are subject to change without notice.
Errors will be corrected where discovered, and Treasure Cup reserves the right to
revoke any stated offer and to correct any errors, inaccuracies or omissions including
after an order has been submitted and whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged for the
purchase and your order is cancelled, Treasure Cup will issue a credit to your credit
card account in the amount of the charge. Individual bank policies will dictate
when this amount is credited to your account. If you are not fully satisfied with
your purchase, you may return it in accordance with Treasure Cup's Return Policy.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or
completing the registration or shopping process. These terms and conditions, or
any part of them, may be terminated by Treasure Cup without notice at any time,
for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Treasure Cup may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to Treasure Cup.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of Alabama, U.S.A., without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly arising
out of or relating to this site (including but not limited to the purchase of Treasure
Cup products) shall be in the state or federal courts located in Shelby County,
Alabama. Any cause of action or claim you may have with respect to the site (including
but not limited to the purchase of Treasure Cup products) must be commenced within
one (1) year after the claim or cause of action arises. Treasure Cup's failure to
insist upon or enforce strict performance of any provision of these terms and conditions
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any of these
terms and conditions. Treasure Cup may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Treasure Cup or other licensed employee, host, or representative, as
well as other members or visitors on the site is prohibited. You may not upload
to, distribute, or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise to liability
or violate any law. You may not upload commercial content on the site or use the
site to solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Treasure Cup does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user-generated content on the site,
Treasure Cup is merely acting as a passive conduit for such distribution and is
not undertaking any obligation or liability relating to any contents or activities
on the site. However, Treasure Cup reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to Treasure
Cup in its sole discretion.
Third-Party Links
In an attempt to provide increased value to our visitors, Treasure Cup may link
to sites operated by third parties. However, even if the third party is affiliated
with Treasure Cup, Treasure Cup has no control over these linked sites, all of which
have separate privacy and data collection practices, independent of Treasure Cup.
These linked sites are only for your convenience and therefore you access them at
your own risk. Nonetheless, Treasure Cup seeks to protect the integrity of its web
site and the links placed upon it and therefore requests any feedback on not only
its own site, but for sites it links to as well (including if a specific link does
not work).
Display Colors
The Treasure Cup web site attempts to display product images shown on the site as
accurately as possible. However, we cannot guarantee that the color you see matches
the product color, as the display of the color depends, in part, upon the monitor
you are using.
Placing Orders
Customers can place orders online at our secured website
https://www.TreasureCup.com, or by phone toll free at (866) 676-8227. Orders
will only be confirmed, after availability and prices are verified.
Accepting Orders
Your receipt of an electronic or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer to
sell. The Treasure Cup web site reserves the right at any time after receipt of
your order to accept or decline your order for any reason.
Please note that there may be certain orders that we are unable to accept and must
cancel. We reserve the right, at our sole discretion, to refuse or cancel any order
for any reason. For your convenience, you will not be charged until your payment
method is authorized, the order information is verified for accuracy and your order
is shipped. Some situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or errors in product
or pricing information, or problems identified by our credit and fraud avoidance
procedure. We may also require additional verifications or information before accepting
any order. We will contact you if all or any portion of your order is canceled or
if additional information is required to accept your order. If your order is canceled
after your credit card has been charged, we will issue a credit to your credit card
in the amount of the charge.
Payment Method
You may pay for your orders with Treasure Cup using major credit cards issued in
the United States of America. Currently, we accept Visa®, MasterCard®, American
Express® and Discover® Card.
Sales Tax
Because Treasure Cup does business throughout the United States and collects and
remits sales tax as required by law, the Treasure Cup web site also collects and
remits sales tax as appropriate. If you have tax-exempt status, please contact us
by calling (866)-676-8227. You will be required to provide your state tax-exempt
certification prior to purchase. Please note: Treasure Cup reserves the right not
to sell to resellers.
Warranties
You should contact us as soon as possible to assist you in resolving the problem
in a timely and professional manner.
Shipping
All orders placed on this site are subject to product availability. In the rare
event that your order never arrives, notification of lost items must be received
within 60 days from receipt of the shipping confirmation e-mail.
Delivery
In general our orders are processed the next business day. Orders will only be shipped
Monday thru Friday of each week. If an order is placed before 12pm noon CST Thursday,
the next business day this order will ship will be Monday. If an item is out of
stock you will be notified with the approximate date when the item is expected and
you will be given an approximate shipping date. Some shipping companies will contact
you prior to delivery and require a signature upon delivery. Many oversize items
(too large for UPS) will be sent via delivery truck that will only get the item
to the curbside. You will need to carry the item into your home. The delivery companies
will only give a time period which is usually 2 hours but which sometimes can be
an entire day. You will have to make arrangements to receive the package or have
someone at your home or business to receive the package, when your delivery arrives.
Prior to signing the freight bill, it is your responsibility to inspect your packages
and the boxes from the outside for any damages or any dents that could have occurred
in transit, and have them noted on the freight bill at the time of delivery. It
is important to keep the damaged product in case we request to have it back. You
are responsible to cooperate with the return of the damaged item if we ask for it.
Failure to return a damaged item will cause us to charge your credit card for the
non-returned item.
Cancellations and Returns
All sales made through the Treasure Cup web site are subject to Treasure Cup's Return
Policy.
Orders may be cancelled in whole or in part at our sole discretion, taking into
account the status of your order at the time you request cancellation. All coffee
order cancellations made after release to the floor for roasting are non-refundable.
Since our promise is to roast your coffee to order once it is roasted it is no longer
possible to cancel.
When you request to cancel an order prior to shipping for non-coffee items we reserve
the right to charge a cancellation fee. These fees cover the credit card transaction
and processing charges that are non-refundable. If the cancellation is due to an
item being out of stock or discontinued no fees will be applied. In the event of
returning an item you will be required to reimburse us for the actual shipping cost
both ways. In addition a charge of 25% of the total invoice will be assessed for
restocking fees. Credits take 2-5 business days to appear on a credit card.