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Gourmet Coffee Club, corporate gifts and baskets, freshly roasted premium coffee - Sauce Caffe
Saturday 6, September 2008

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Terms of Use

TERMS OF USE Sauce Caffe and its affiliates provide you their goods and services subject to the following conditions. If you visit, browse, and/or shop at saucecoffee.com or its aliases, you accept these conditions. Please read this entire document carefully. When you use any Sauce Caffe products or services, you will also be subject to any and all conditions applicable to such products or services. Customer Accounts In accessing and using saucecoffee.com and its aliases, you agree to accept all responsibility for activities that occur under your account, username, and password. You are responsible for maintaining the confidentiality of your username, account, and password information and local security of your computer including restriction of access. No minors (under 18) are permitted to make purchases on saucecoffee.com or its aliases. Users are required to provide email addresses strictly as the primary means for Sauce Caffe to make correspondence with them in the course of order fulfillment. Users are required to provide an actual, working email address in placing orders. The customer accepts all responsibility for the accuracy of their submitted information for placing orders. Sauce Caffe is not responsible for orders placed using stolen or unauthorized identification/payment information. Sauce Caffe reserves the right to refuse service, terminate accounts, cancel or delay orders, and remove and edit content at their sole discretion. Internet Communications If you access saucecoffee.com, send us email, or fill out forms, you are electronically communicating with us. You consent to receive electronic communications from us. You agree that all electronic communications with Sauce Caffe satisfy all legal requirements that such communications are in writing. Access to saucetv.com and its aliases In accessing saucecoffee.com, you are granted a limited license to make personal use of the site. You are not permitted to download (other than for page loading), modify any portion of the site without the expressed written consent of the Sauce Caffe webmaster. In addition you are not permitted to use any part of this web sites content, design, code, downloads, or prices for commercial use. Data mining and extraction is strictly forbidden, as is copying of account information for the benefit of other merchants. Any data taken from saucecoffee.com may not be duplicated, reproduced, copied, sold, or exploited for any reason. All names and trademarks of Sauce Caffe, saucecoffee.com, and its aliases may not be used within any form of meta tags or hidden web code without the written consent of Sauce Caffe. Users have the limited and revocable right to create hyperlinks to the home page of coffeebeandirect.com and its aliases. This right may be invalidated if any hyperlinks portray Sauce Caffe, saucecoffee.com, and its aliases in a false, negative, or offensive context. All logos and proprietary graphics found of saucecoffee.com and its aliases may not be downloaded, altered, or used in any form print or electronic without the express written consent of Sauce Caffe. Copyright All content on saucecoffee.com and its aliases including text, logos, layout, graphics, images, and proprietary code is protected by U.S. and international copyright laws. Risk of shipping loss All products purchased from saucetv.com and its aliases are made pursuant to a shipping contract. The risk of loss and title for any and all items are passed directly onto you upon transfer of packages to the shipping carrier. SAUCE CAFFE, SAUCECOFFEE.COM, AND ITS ALIASES MAKE NO GUARANTEE THAT THIS SITE, ITS SERVERS, EMAIL, OR OTHER ELECTRONIC CORRESPONDENCE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL ITEMS. SAUCE CAFFE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE ACCESS AND USE OF THIS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO INCINDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Changes and Modifications to Service Sauce Caffe reserves the right to make changes to their products, services, and prices at any time and without notice. Sauce Caffe also reserves the right to refuse or alter service to any individual or group at their discretion. This includes barring access to saucecoffee.com and its aliases, deletion of customer accounts, blocking of customer emails, changing shipping and item charges, and refusal to accept payment from an individual or group. Sauce Caffe reserves the right to deny access to certain users or groups by means of blocking certain IP addresses from accessing the websites.

 

Terms of Sale:

 

Sauce Caffé (“SC”) Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN SC’S INVOICE OR OTHER SC DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND SC HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.


Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between you ("Customer") and SC. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on
www.saucecoffee.com or affiliate sites (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

These terms and conditions of sale constitute the entire agreement between Customer and SC relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting SC at the address provided below.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in SC’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.

Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN LOS ANGELES, CALIFORNIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.

Title; Risk of Loss
If Customer provides SC with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for SC, title to products and risk of loss or damage during shipment passes from SC to Customer upon shipment from SC’s facility (F.O.B. Origin, freight collect). For all other shipments, title to products and risk of loss or damage during shipment passes from SC to Customer upon receipt by Customer (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. SC retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Export Sales
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by SC were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

Warranties
Customer understands that SC is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not SC. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by SC or its affiliates. In connection with services, neither affiliates of SC nor third party service providers are agents of SC and SC has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. SC AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF SC, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Pricing Information; Availability Disclaimer
All pricing is subject to change. SC reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, SC cannot guarantee that it will be able to fulfill Customer’s orders.

Limitation of Liability
NEITHER SC NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER SC NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY SC OR ITS AFFILIATES, NEITHER SC NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN EXCESS OF THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM; OR (B) $50,000.

SC will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by SC are estimates only.

Third Party Services
Customer acknowledges and agrees that, in some instances, SC and its affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases SC and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.

Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or SC's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF SC, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Los Angeles, California. If arbitration is chosen by any party with respect to a Claim, neither SC nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties.
Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Los Angeles, California. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to SC arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon SC until accepted by SC. Terms of payment are within SC's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. SC may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold SC harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by SC's net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges and must provide SC with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of SC’s costs of collection, including court costs, filing fees and attorney’s fees.

Return Privileges

  • Please contact SC Customer Relations at 877-467-2823, or via email at info@saucecoffee.com, to obtain a Return Merchandise Authorization (RMA) before shipping product back to SC. This will expedite and help ensure the proper action or credit upon processing.
  • In order to expedite a return, please have the following information on hand when requesting an RMA number: Customer name/number, invoice number, reason for return, action to take (replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed.
  • Please return all returnable products* 100% complete packages including all original manufacturer boxes with the UPC code and packing materials, all manuals, any warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete. *Open food packaging will not be returned.
  • Customer is responsible for shipping charges to SC’s distribution center for all products being shipped for return, exchange or replacement, unless written approval from SC. Products exchanged or replaced will be shipped by SC to Customer, at SC’s expense, using the same shipping method as was used by Customer to ship the original products back to SC. If the carrier selected by Customer is not used by SC, a comparable shipping method will be selected.
  • Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express, DHL or Airborne Express. This is for your protection as well as to ensure quick action on your return.
  • Return privileges vary by manufacturer. Please contact SC Customer Relations at marty@saucecoffee.com for details.
  • Return shipping address:
    Sauce Caffé
    Attn: Returns Department
    (Place your RMA number on this line)
    P.O. Box 1751
    El Segundo, CA 90266
Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.

Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify SC immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify SC Customer Relations at
info@saucecoffee.com of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for SC to file a damage claim.

Check Payment Policy
SC will accept a cashiers check or money order on all COD orders. SC will accept personal or business checks, subject to verification. SC will accept personal and business checks for prepay orders. Allow 10 business days for clearing.

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