Conditions of Sale
“Goods” means any goods or services provided by the Company as ordered by the Customer.
“Company”, “us”, “we”, “our” “Roastery 48” means and refers to Roastery 48.
“Customer” means the person, firm or company placing an order for a sale with the Company.
“Sale” means the transfer of goods and/or services by the Company to the Customer for a fee or a stated sales price.
These terms and conditions apply to any sale of Goods by the Company to the Customer.
Formation of Contract
All Goods sold by the Company are sold subject to this Policy and the Company’s standard terms and conditions which form part of the Customer’s agreement with the Company. Terms and conditions on the Customer’s order form or other similar document shall not be binding on the Company.
Orders will be deemed to have been placed when an email confirmation has been received from a Customer or a responsible executive of the Customer. Once you have placed an order with the Company, you will receive an order confirmation email with an order number within a few hours. If you do not receive your confirmation, please call us at the contact information provided below. Please check your spam or promotion email folders as sometimes these confirmations may not go directly to your inbox. Once the Company accepts your order, you will receive a shipping confirmation when your package ships. This shipping confirmation email will include the package shipping information which includes a tracking number.
Quantities of our products are limited, and orders are subject to availability. If after your order is placed, an item becomes unavailable, we reserve the right to substitute it with an item of equal or greater value.
Please make sure to carefully read the product description: dimensions, packaging, and details as some of our products may not look exactly like the picture seen on our website or catalog. Please note that our products are wrapped to seal freshness prior to shipping.
We may allow you to sign up for recurring subscriptions, which consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you.
When you register for a recurring subscription, you expressly acknowledge and agree that (a) Company (or our third-party payment processor) is authorized to charge you on a recurring basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the sites or products in accordance with these terms.
To cancel your subscription at any time following the recurring period as agreed to by you, you may (i) log on to your account and follow the cancellation procedures there, (ii) send us a message at email@example.com and we will do it for you, or (iii) send a cancellation request with your information to: Roastery 48 Customer Service, 745 N Gilbert Rd, Ste 124 #166, Gilbert, Arizona 85234. If you cancel, you may use your subscription until the end of your then-current subscription term. If your subscription is cancelled for either of these reasons prior to your monthly renewal date you will not be charged for that month’s shipment. If your subscription is cancelled on or after your monthly renewal date you will not receive a refund for that month but will no longer be charged following your cancellation.
Re-Selling on Third Party Sites
We allow anyone purchasing Roastery 48 wholesale through the Company’s Wholesale Club to sell our products in their own brick & mortar stores, or on their own branded website. However, we do not allow the re-sale of any Roastery 48 products via third party sellers, whether brick & mortar or online, including, but not limited to, Amazon, eBay, or other popular eCommerce platforms. Roastery 48 shall be the only company allowed to sell our products via third party sites. We do this to ensure brand consistency and quality across sales channels. Anyone found to be in violation of this policy, may find their wholesaler account terminated at the sole discretion of the Company.
Right to Sub-Contract
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work relating to the fulfillment of an order or execution of a sale.
Any Sale – once confirmed by the Company – is not cancellable. Cancellation of the Sale by the Customer will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
All sales are final and no refund will be issued.
The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Customer. The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
We do our best to ensure that your shipments are delivered on time but cannot guarantee delivery dates. Sometimes, adverse conditions like weather and local events may delay your shipment, which are out of our control. The Company will use its best endeavors to supply the Goods within the quoted time (normally within a maximum of seven days from order or otherwise as agreed) but time will not be of the essence within the contract.
Products supplied by the Company are dispatched by mail and are deemed as having been delivered when electronic package tracking indicates the package has been delivered.
Risk of Loss
The risk of loss or damage to the Goods shall pass to the Customer upon delivery of the Goods. For deliveries to hospitals, hotels and colleges, we guarantee delivery to the mailroom or receiving department at the location only, at which time the risk of loss passes to the Customer. It is the responsibility of the subject department to deliver the package to your intended recipient. Please be aware that this may cause delays as the mailroom or receiving departments do not guarantee delivery within a specific amount of time.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the Goods it supplies to the Customer.
The Company will not be liable to the Customer for any loss, damage, or delay suffered by the Customer as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to fulfill a Sale in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike or labor difficulties, flood, fire, power failure, breakdown of plant or machinery, cargo or material shortages, delay in transit, postal delay, state of emergency, government action, pandemic limiting streams of commerce, inability to obtain labor, materials or parts from usual sources or otherwise due to causes beyond the Company’s control, or any other unexpected or exceptional cause or circumstance.
Unless otherwise indicated, the Goods, including its designs, packaging, and graphics (collectively, the “Content”) and the trademarks, tradenames, trade dress, service marks, and logos contained therein (the “Marks”) are owned by Roastery 48 and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Upon the execution of a Sale, you are granted a limited license to access and use the Goods, Content or Marks solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Goods, Content, and Marks.
LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF THE PERFORMANCE, NON-PERFORMANCE, DELAY IN DELIVERY OF OR DEFECT IN THE GOODS NOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, ECONOMIC OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING OR HOWSOEVER CAUSED (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT OR LOSS OF REVENUE, OR DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A CUSTOMER ON ANY INFORMATION OBTAINED FROM THE COMPANY) WHETHER FROM NEGLIGENCE, MISTAKE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES; OR OTHERWISE IN CONNECTION WITH THE SUPPLY, FUNCTIONING OR USE OF THE GOODS. ANY LIABILITY OF THE COMPANY SHALL IN ANY EVENT BE LIMITED TO THE FEES PAID BY THE CUSTOMER IN THE YEAR IN WHICH THE EVENT OF DEFAULT ARISES. NOTHING HEREIN SHALL LIMIT EITHER PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE PROVEN NEGLIGENCE BY ITSELF OR ITS EMPLOYEES OR AGENTS. THE CUSTOMER SHALL FULLY INDEMNIFY THE COMPANY AGAINST ANY LIABILITY TO THIRD PARTIES ARISING OUT OF THE CUSTOMER’S USE OF THE GOODS.
This Policy and any claim associated with, related to, or arising from the Policy and/or Sale by the Company are governed by the law of the State of Arizona within the United States. Any claim associated with, relating to or arising from this Policy or a Sale shall be brought in a federal or state court in Maricopa County, State of Arizona within one year after the claim arises. You hereby affirm your consent to the sole and exclusive jurisdiction of the courts located in Maricopa County, State of Arizona as the most convenient and appropriate forum for the resolution of disputes concerning this Policy or Sale.
All Terms & Conditions, and any portion thereof, shall be construed in such a way to ensure they are valid under any applicable laws. If any provision of these Terms & Conditions, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms & Conditions shall remain in full force and effect.
Questions about this Policy should be directed to firstname.lastname@example.org or by writing to us at Roastery 48, 745 N Gilbert Rd, Ste 124 #166, Gilbert, Arizona 89103. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to Roastery 48.