Terms & Conditions
Welcome to www.hawthornecoffeeroasters.com, the website (the "Site) of Barrel Proof Coffee Roasters, LLC d/b/a Hawthorne Coffee Roasters ("Hawthorne Coffee Roasters"). Hawthorne Coffee Roasters maintains this Site for your personal information, education and communication. Hawthorne Coffee Roasters provides its services to you subject to the notices, terms, and conditions set forth in these Terms & Conditions (the "Agreement"). In addition, when you use any Hawthorne Coffee Roasters service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Please read the terms carefully.
Hawthorne Coffee Roasters reserves the right to modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site. Material changes will be posted conspicuously on this Site. Accessing, Browsing or Otherwise Using the Site indicates your agreement to all the terms and conditions in this agreement.
If you do not agree to this Agreement, do not access or use this Site, and instead contact Hawthorne Coffee Roasters in writing or via telephone as set forth below for desired information.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Hawthorne Coffee Roasters hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Hawthorne Coffee Roasters in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Hawthorne Coffee Roasters in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Hawthorne Coffee Roasters in advance. Hawthorne Coffee Roasters reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Hawthorne Coffee Roasters believes that customer conduct violates applicable law or is harmful to Hawthorne Coffee Roaster’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Intellectual Property
All text, graphics, charts, photographs, icons, images, audio, video, software (collectively, "content"), belongs exclusively to Hawthorne Coffee Roasters or its Content suppliers. The design, collection, selection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Hawthorne Coffee Roasters or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Hawthorne Coffee Roasters appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any Hawthorne Coffee Roasters trademark or service mark without the express written consent of Hawthorne Coffee Roasters is strictly prohibited. You may not use any Hawthorne Coffee Roasters trademark or service mark in any way that is likely to cause confusion. You may not use Hawthorne Coffee Roaster’s trademarks or service marks that in any way disparages or discredits Hawthorne Coffee Roasters. Any unauthorized use of any trade dress, marks or any other intellectual property belonging to Hawthorne Coffee Roasters or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Hawthorne Coffee Roasters may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Hawthorne Coffee Roasters shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
International Access
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. Hawthorne Coffee Roasters makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United States. If you access and use this Site outside the United States you are solely responsible for complying with your local laws and regulations.
Disclaimer and Limitation of Liability
This Site, the products offered for sale on it and the transactions conducted through it are provided by Hawthorne Coffee Roasters on an "AS IS" basis. Hawthorne Coffee Roasters makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, Hawthorne Coffee Roasters disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This Site may include inaccuracies, mistakes or typographical errors.
Hawthorne Coffee Roasters does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this Site or any material, information or data downloaded or otherwise obtained through use of this Site or (2) that use of this Site or any materials on this Site will meet any user requirement or be uninterrupted, timely, secure or error-free. Hawthorne Coffee Roasters shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.
No Liability
In no event shall Hawthorne Coffee Roasters or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked website or to any material, information, data, products, or services obtained through this Site, or otherwise arising out of your use of this Site, your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials provided on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Hawthorne Coffee Roasters has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Hawthorne Coffee Roasters shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Hawthorne Coffee Roasters shall have the right to refuse or cancel any such orders 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 canceled, Hawthorne Coffee Roasters shall immediately issue a credit to your credit card account in the amount of the charge.
Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. Hawthorne Coffee Roasters is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Site. Hawthorne Coffee Roasters has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites.
Remedies
You agree that Hawthorne Coffee Roaster's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Hawthorne Coffee Roasters shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Hawthorne Coffee Roasters may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Hawthorne Coffee Roasters shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Hawthorne Coffee Roasters of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Indemnification
You agree to indemnify, defend and hold harmless Hawthorne Coffee Roasters, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this Site, your use of any material, information or data downloaded or otherwise obtained from this Site, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Hawthorne Coffee Roasters or any other person or entity.
Interpretation and Disputes
These Terms & Conditions are governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Milwaukee County, Wisonsin with respect to any dispute arising under these Terms & conditions, unless otherwise specifically agreed by Hawthorne Coffee Roasters in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms & Conditions shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this Site must be commenced within one (1) year after the action or claim arises.
Returns
If you are unsatisfied with any purchase you have made with us for any reason, please contact us within 30 days via the information below for an exchange. Tell us your name, the order number, which items, how many units you are returning, and the reason for the return. We will reply to the email with instructions on how to send the items back to us.
Hawthorne Coffee Roasters
1412 S 72 Street
Milwaukee, WI 53214
Ph: 414-939-6403
info@hawthornecoffeeroasters.com
Cancellations or Changes
If you need to cancel or make a change to your order, please contact us via the information below. Tell us your name, the order number, which items, and the reason for the change. Orders with changes will be completely canceled and refunded, a new order will be placed to resolve the issue.
Hawthorne Coffee Roasters
1412 S 72 Street
Milwaukee, WI 53214
Ph: 414-939-6403
info@hawthornecoffeeroasters.com
Entire Agreement
By your access or use of this Site, you hereby agree to these Terms & Conditions. These Terms & Conditions, together with the Hawthorne Coffee Roasters Privacy Policy and Terms & Conditions constitute the entire agreement between you and Hawthorne Coffee Roasters with respect to your access and use of this Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by Hawthorne Coffee Roasters. These Terms & Conditions will inure to the benefit of Hawthorne Coffee Roaster’s successors and assigns.
Electronic Communications
You acknowledge that these Terms & Conditions are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms & Conditions and any other documentation, agreements, notices or communications between you and Hawthorne Coffee Roasters may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
Privacy Policy
By your access and use of this Site, you hereby agree to the terms of the Hawthorne Coffee Roasters Privacy Policy, which are incorporated into these Terms & Conditions by this reference.
Terms of Sale
Acceptance of Order
Your placement of an order on the Site does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to process your order. Once a completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
Pricing and Availability
All prices for products, including associated costs of shipping and tax, are shown in U.S. dollars. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. If for some reason an item on your order is out of stock, we will issue a full refund for such item.
Forms of Payment
Hawthorne Coffee Roasters currently accepts Visa, MasterCard, Discover, and American Express for all orders. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
Credit Card Security
The safety of your personal information is extremely important to Hawthorne Coffee Roasters. We use a wide array of electronic and physical security measures and devices to protect your personal data and credit card information from unauthorized access.
Hawthorne Coffee Roasters.com does not store any Credit Card numbers or other sensitive data on our servers. Any “stored cards” or orders and customers utilizing Hawthorne Coffee Roasters.com’s online ordering are securely billed through a PCI Compliant Credit Card gateway and processor.
Shipping Terms; Risk of Loss
We endeavor to ship all orders for in-stock items within three (3) business day(s). Our standard business hours are 9AM – 5PM (Central Time Zone) Monday – Friday. Standard shipping of products purchase on the Site is via independent carrier not affiliated with, or controlled by, Hawthorne Coffee Roasters, and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. All shipping charges are your responsibility, unless waived by Hawthorne Coffee Roasters. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. All orders are shipped FOB shipping point. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Hawthorne Coffee Roasters delivers these items to the carrier for shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.
Errors
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
Limitation of Liability
Hawthorne Coffee Roasters will not be liable for lost profits, loss of business, or toher consequential, special, incidental, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party, except as expressly provided herein. To the full extent permitted by law, Hawthorne Coffee Roasters liability shall be limited to the amount actually paid for the purchase of products from the site. Some states do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
Warranties
Hawthorne Coffee Roasters products may be returned or exchanged in accordance with the policies described above. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM Hawthorne Coffee Roasters RELATING TO THE PRODUCTS YOU PURCHASE FROM THE SITE. Hawthorne Coffee Roasters MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY HAWTHORNE COFFEE ROASTERS "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
Website
©2013, Barrel Proof Coffee Roasters, LLC d/b/a Hawthorne Coffee Roasters, All Rights Reserved.
All information contained on this site is property of Hawthorne Coffee Roasters unless otherwise noted. Any reproduction without express written consent of Hawthorne Coffee Roasters is prohibited.
Our Address and Contact
Please send any questions or comments regarding this Site to:
Hawthorne Coffee Roasters
1412 S 72 Street
Milwaukee, WI 53214
Ph: 414-939-6403
info@hawthornecoffeeroasters.com
Hours: by appointment only