Terms of Service
ARTICLE 1. APPLICABILITY
1.1 These terms and conditions are applicable to all agreements with CRACKIN COFFEE and to all agreements that are the result of this. By pressing the concerning button in the window of the ordering process, all terms and conditions of CRACKIN COFFEE are accepted.
1.2 Oral statements, promises or agreements are not legally binding, unless confirmed in writing by CRACKIN COFFEE.
1.3 If one or more provisions in these Terms and Conditions are void or destroyed, the remaining provisions remain in full force.
ARTICLE 2. DEFINITIONS
TERMS AND CONDITIONS: Terms and Conditions CRACKIN COFFEE.
SPECIAL PROVISIONS: Special provisions CRACKIN COFFEE – Vendors and roasters, Special provisions – Client (individually or all together).
CRACKIN COFFEE : CRACKIN COFFEE , firstname.lastname@example.org
WEBSITE: The Website https://www.crackincoffee.com/
VENDOR: A natural person or legal entity who wishes to create a Product and offers, or wishes to offer, this Product on the Website.
ROASTER: A natural person or legal entity who wishes to promote a Product through the Subscription Service.
CLIENT: A natural person or legal entity who places an order via the website.
PARTIES: CRACKIN COFFEE and Client.
PRODUCT: A physical product available to buy that is offered by CRACKIN COFFEE and is delivered by CRACKIN COFFEE.
ACCOUNT: The personal profile of a Client, which is created by registering on the Website.
ARTICLE 3. AGREEMENT COFFEE BOX SUBSCRIPTION
3.1 CRACKIN COFFEE is the entity to accept the orders. CRACKIN COFFEE enters the agreement with the Client.
3.2 Offers by CRACKIN COFFEE are entirely without obligation and can be recalled at all times before, and during, and after the creation of the agreement, but only before a delivery is made.
3.3 No activity of CRACKIN COFFEE may be interpreted as a joint venture, partnership, distribution agreement, representation of agency, or agency relationship agreement between the parties having been established. None of the parties is entitled or authorised to enter agreements regarding liability, debt, cost, or agreements for or on behalf of the other party, unless expressly agreed upon with CRACKIN COFFEE in writing.
ARTICLE 4. LIABILITY
5.1. CRACKIN COFFEE accepts limited liability for the quality, conformity, security, lawfulness, integrity, or reliability of the rights and obligations that have sprung from the agreement between CRACKIN COFFEE and Client, or the different components thereof.
5.2 CRACKIN COFFEE is not liable for damage that is the result of a non- or improper functioning of a Product and/or the facilities of her service, unless the cause is intent or gross negligence by CRACKIN COFFEE.
5.4 If CRACKIN COFFEE is liable as a result of a failure to perform its obligations, which is attributable to them, the liability will be limited to the direct case damage that is in direct connection to the deficiencies attributable to CRACKIN COFFEE . Liability for any form of indirect or consequential damages is excluded.
5.5 CRACKIN COFFEE is not liable for failure to perform its obligations from this agreement when the execution of these obligations is hampered or made impossible by a cause that is outside of her reasonable power.
6.6 CRACKIN COFFEE has the right to (temporarily), without prior notice, put their Website out of order or to limit the usage thereof, or to stop providing the service of CRACKIN COFFEE without justification and without this providing any right for compensation from CRACKIN COFFEE.
5.7 It is possible that the Website contains references to Websites of third parties (for example by way of a hyperlink, banner or button). CRACKIN COFFEE has no say or influence regarding the content and the policy of these Websites. Therefore, CRACKIN COFFEE is not responsible for the content and methods of these Websites and does not accept any liability for these websites.
SPECIAL PROVISIONS CRACKIN COFFEE – CLIENT
ARTICLE 1. ACCOUNT
1.1 The Client is, if a natural person, 18 years or older.
1.2 To be able to use the service(s) of CRACKIN COFFEE, the Client is required to create their own account using the method as described on the Website.
1.3 The Client is liable for all consequences that result from using his account.
ARTICLE 2. PAYMENT
2.1 After placing an order on the Website, CRACKIN COFFEE will deduct the, on a per-order and/or recurring basis, agreed upon amount stated in the confirmation mail from the bank-account or credit card that has been provided by the Client.
2.2 The agreed upon amount is kept on the account of the payment provider while the Product is offered on the Website.
2.3 All prices on CRACKIN COFFEE website include VAT and Royal Mail 2nd Class to the UK, Shipping to countries within Europe an International Standard service with the Royal Mail will be used.
2.4 CRACKIN COFFEE reserves the right to adjust its pricing and shipping costs to reflect fluctuations in delivery charges, a change in local taxation or when it offers optional upgrades/downgrades to better/slower shipping methods. The latter is only done at the explicit request of the customer.
2.5 CRACKIN COFFEE offers payment by credit or debit card (VISA, Master Card, American Express). However, CRACKIN COFFEE reserves the right to add, cancel or change these payment methods as it sees fit.
ARTICLE 3. DELIVERY AND RETURNS
3.1 Clients have the right to cancel orders without giving any reason within 14 days from the day on which they or a third party other than the carrier and indicated by them acquires, physical possession of the last good.
3.2 For health and safety reasons, CRACKIN COFFEE cannot accept returned products, unless they are non-food items that can be exchanged for a replacement.
3.3 To exercise the right to cancel, the Client must inform CRACKIN COFFEE of the decision to cancel the order by a clear statement through email to email@example.com
3.4 To meet the cancellation deadline, it is sufficient for Clients to send communication concerning the exercise of the right to cancel. CRACKIN COFFEE offers its clients the opportunity to cancel their subscriptions at any time.
3.5 If Clients cancel an order, CRACKIN COFFEE will reimburse all payments received from Client, including the cost of delivery.
3.6 CRACKIN COFFEE may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the Client.
3.7 CRACKIN COFFEE will make the reimbursement using the same means of payment as Client used for the initial transaction.
3.8 The Client must inspect the condition of orders upon delivery. If The Client notices that the package has any damages on the outside, he is kindly asked to notify the courier and mark it down on the delivery slip. If an item from an order is faulty or damaged, CRACKIN COFFEE must be contacted via firstname.lastname@example.org as soon as possible after receipt of the item, but not later than 48 hours after delivery. The following information must be included in the email:
The order details: order number, contacts details and date of delivery.
Information about the faulty or damaged product: product name and description and is wrong with it. If possible, a photo must be included.
Proof of notification of notification to the courier must also be provided.
3.9 CRACKIN COFFEE cannot be held accountable for the late delivery of its product in the case of external interference or force majeure.
3.10 The Client accepts that by choosing the ‘standard or international’ delivery methods, CRACKIN COFFEE cannot be held accountable for non-delivered items. CRACKIN COFFEE does not provide tracking for these delivery option and CRACKIN COFFEE cannot provide assistance in locating any missing parcels that were shipped using this method.
3.11 CRACKIN COFFEE does not offer blanket refunds for undelivered parcels as this is the risk the customer takes by choosing ‘standard or International’ delivery method. However, CRACKIN COFFEE reviews situation case by case and can provide a partial of full refund at its own discretion.
3.12 Should the Client provide an incorrect address during checkout, fail to claim his/her delivery at the local postal office or have moved without notifying CRACKIN COFFEE , CRACKIN COFFEE will not provide free return shipping on the same order. If the customer is a subscriber, then the contents of the returned parcel can, following an agreement between CRACKIN COFFEE and the Client, be returned to the Client at the same cost of the shipment of the next parcel.