Terms of Use
Welcome to Puerh Coffee website (“the Site,” “we,” “us,” or “our”). Puerh Coffee provides the Site in order to enable you to browse and purchase Products. The use of the Site, including the purchase of any Products and engagement with our social media channels, including but not limited to Instagram, Facebook, and Pinterest, is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, please do not use this Site in any way. If you have any questions about the Terms, please contact us at info@puerhcoffee.com.
PRIVACY
We have adopted a Privacy Policy here that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
ELECTRONIC COMMUNICATION
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
ELIGIBILITY
By using the Site, you affirm that you are at least 18 years of age, have your parent’s or legal guardian’s permission to use the Site, or are an emancipated minor.
No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
COPYRIGHT
Images of people, places and/or products posted on this Site are either the property of Puerh Coffee or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “Puerh Coffee Content”) is the property of Puerh Coffee or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Puerh Coffee and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at info@puerhcoffee.com.
USER CONTENT
You are the original owner of all content and information you post and share on social media and by tagging @puerhcoffee on social media and/or sharing your images through our email newsletter and website with us, you will be giving us permission to use your user content (“Your Content”) as follows:
- Granting us and our affiliates a license to reproduce, display, perform, distribute, create derivative works from and otherwise use your Your Content in connection with the Site and for other marketing purposes; including and not limited to: catalogs, email and other customer communications, store materials and marketing materials.
- We may display advertisements in connection with your Your Content or on pages where your Your Content may be viewed by you or others, and we may use Your Content to advertise and promote us as a whole. Our license to Your Content is non-exclusive, meaning you may use Your Content for your own purposes or let others use Your Content for their purposes.
- Our license to Your Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of Your Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You agree that:
- You own all rights to Your Content or, alternatively, that you have the right to give us the rights described above.
- You have paid and will pay in full any fees or other payments that may be related to the use of Your Content; and Your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
- We may refuse to accept or transmit Your Content for any reason. We may remove Your Content from the Site for any reason.
Digital Millennium Copyright Act
Puerh Coffee respects the intellectual property rights of others. It is Puerh Coffee’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.
To submit a copyright infringement notification to Puerh Coffee, please submit a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) by providing the below-specified Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached by Email: info@puerhcoffee.com
TRADEMARKS
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Puerh Coffee, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Puerh Coffee, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
You represent and warrant that the information you provide to Puerh Coffee upon creating an account on the Site and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Site, you are required to create an account by providing an e-mail address and password. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Puerh Coffee by e-mail to info@puerhcoffee.com. You will be solely responsible for the losses incurred by Puerh Coffee and others due to any unauthorized use of your account.
FEES AND PAYMENTS
Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. Any applicable taxes and delivery fees will be communicated to you before you place an order. See here for more information.
Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
PRODUCT SPECIFICATIONS & PRICING
Puerh Coffee makes every effort to accurately display Products on the Site. However, displayed colors may depend upon the quality of a user’s monitor, and Puerh Coffee cannot guarantee that a user’s monitor will accurately display the color of the products.
Puerh Coffee is not responsible for typographical errors regarding price, and prices are subject to change at any time.
SHIPPING AND RETURNS
Shipping. When you place an order for Products through the Site, the Products will be shipped to the address you designate as the “Shipping Address” during the check-out process. We fully insure each order for loss and/or damages until the point of delivery to your Shipping Address. For more information on shipping please visit our shipping information here.
Returns. We have a 30-Day return policy. Orders canceled within 48 hours after being placed will be 100% refunded. Orders canceled after 48hrs will incur a 10% production fee. All items must be successfully delivered to the customer or back to Puerh Coffee before a return can be initiated. Orders returned within 14 days of delivery will receive 85% merchandise credit or 85% money back and free return shipping. All other returns will incur a 25% production fee. For full details regarding our Return Policy please visit here.
Please note, to be eligible for return, items must not be damaged, soiled or excessively used. Upon return, your items will be inspected. Upon approval, appropriate credits and/or refunds will be issued for the purchase price of the Product(s) and for any taxes due to be refunded in accordance with state law.
The Shipping and Return Policy is hereby incorporated into these Terms by reference.
GIFT AND OFFER CODES
From time to time, Puerh Coffee may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on puerhcoffee.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Puerh Coffee in its sole discretion. Only valid offer codes provided or promoted by Puerh Coffee will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Puerh Coffee (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Puerh Coffee is non-transferable and valid for single use on an item (or items) of merchandise as determined by Puerh Coffee. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the ‘offer code’ field at checkout. Puerh Coffee is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
USER SUBMISSIONS
Puerh Coffee strives to create an interactive relationship with the members of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Puerh Coffee on or by this Site shall be and remain Puerh Coffee property. Users assign all property rights and interests to Puerh Coffee allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Puerh Coffee shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.
Monitoring. Puerh Coffee has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Puerh Coffee has no obligation to display or post any content. Puerh Coffee, subject to the Privacy Policy referenced above, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Puerh Coffee shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Puerh Coffee or any other party.
LINKS TO OTHER WEBSITES
The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.
USE OF SITE
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Puerh Coffee or others; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
DISCLAIMER
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Puerh Coffee of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include Puerh Coffee and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PUERH COFFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF PUERH COFFEE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Puerh Coffee Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
TERMINATION
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes. Your use of our website constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its terms.
WAIVER
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
SEVERABILITY
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the user and Puerh Coffee with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
