Terms of Service — Coffee Creations
Effective Date: [Month Day, Year]
Attorney-Review Notice. This Terms of Service document is a template prepared for Coffee Creations and requires review, completion, and approval by a licensed attorney before publication or use. Bracketed text must be completed or removed before these Terms become effective. These Terms should be coordinated with Coffee Creations’ Privacy Policy, Refund & Returns Policy, Shipping Policy, website disclosures, checkout flow, product labels, and applicable federal, state, and international law.
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between Coffee Creations, a sole proprietorship owned and operated by John Harrison, with its principal place of business at 13346 Chesapeake Place, Carrollton, VA 23314, United States (“Coffee Creations,” “Company,” “we,” “us,” or “our”), and each person or entity who accesses or uses https://coffeecreationsofficial.com/, any related website, mobile experience, online storefront, social-media shopping feature, or other digital service operated by Coffee Creations (collectively, the “Site”), or purchases, attempts to purchase, or receives Products through the Site (“you” or “Customer”).
By accessing the Site, creating an account, submitting an order, purchasing Products, submitting Content, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree to these Terms, you may not access or use the Site or purchase Products.
The following documents are incorporated into and form part of these Terms by reference:
- Coffee Creations’ Privacy Policy, currently available at:
/policies/privacy-policy - Coffee Creations’ Refund & Returns Policy, currently available at:
/policies/refund-policy - Coffee Creations’ Shipping Policy, currently available at:
/policies/shipping-policy - Any additional terms, disclosures, or rules presented at checkout, on a Product page, or in a subscription enrollment flow.
If there is a conflict between these Terms and a specific Product, shipping, returns, subscription, or privacy disclosure, the specific disclosure will control solely with respect to that subject matter. The Privacy Policy controls with respect to the collection, use, processing, and disclosure of personal information.
2. Eligibility and Authority
You may use the Site and purchase Products only if:
- You are at least eighteen (18) years old;
- You have the legal capacity to enter into a binding contract;
- You are not prohibited from using the Site or purchasing Products under applicable law;
- You are not located in a jurisdiction where access to the Site or purchase of Products is prohibited; and
- If you act on behalf of a business or other legal entity, you have authority to bind that entity to these Terms.
The Site is not directed to children. We do not knowingly sell Products to persons under eighteen (18). If you are under eighteen (18), you may use the Site only with the involvement and supervision of a parent or legal guardian who agrees to these Terms.
3. Account Registration and Security
Certain Site features may require you to create an account. When creating or maintaining an account, you agree to:
- Provide accurate, current, and complete information;
- Promptly update information that becomes inaccurate, incomplete, or outdated;
- Maintain the confidentiality of your username, password, authentication information, and other account credentials;
- Use reasonable security measures to prevent unauthorized access to your account;
- Immediately notify Coffee Creations of any suspected unauthorized access, security incident, or misuse of your account; and
- Accept responsibility for activities conducted through your account, except to the extent caused by Coffee Creations’ failure to use reasonable security measures.
You may not use another person’s credentials, create an account using a false identity, create multiple accounts to evade restrictions, or transfer your account without our prior written consent.
Coffee Creations may suspend, restrict, or terminate any account that contains inaccurate information, is used unlawfully, creates risk to the Company or another person, or violates these Terms.
4. Products and Product Information
4.1 Product Offerings
Coffee Creations sells coffee products, including single-origin coffee beans, blends, flavored coffee infusions, capsules, sample packs, and related Products identified on the Site (collectively, “Products”).
Product availability, roast dates, packaging, sizes, grind options, ingredients, flavor profiles, and other specifications may vary by Product, batch, season, source, or destination.
4.2 Product Descriptions and Images
We attempt to describe and display Products accurately. However:
- Product colors, packaging, labels, images, and appearance may vary depending on your device, screen, browser, lighting, manufacturing changes, or inventory;
- Product descriptions are provided for general informational purposes and are not guarantees of a particular flavor, aroma, roast profile, strength, appearance, or brewing result;
- Coffee is an agricultural product, and ordinary variation between crops, origins, harvests, batches, and roast dates is unavoidable;
- Flavor notes are descriptive and subjective, not guarantees that every customer will perceive the same flavor;
- Coffee freshness may decline over time after roasting, opening, grinding, or improper storage; and
- We may correct typographical, pricing, inventory, ingredient, specification, or other errors at any time.
4.3 Flavorings and Ingredients
Certain Products may contain added flavorings, extracts, oils, or other ingredients. Product-specific ingredient information and labeling control over general marketing descriptions.
Before purchasing or consuming a Product, you must review the applicable Product page, package label, ingredient statement, allergen statement, and preparation instructions. Unless expressly stated otherwise on the applicable Product label, you should not assume that a Product is free from any specific ingredient, allergen, or potential cross-contact.
Coffee Creations may use plant-based or artificial flavoring substances, or a combination of both, depending on the Product. Product-specific disclosures should be consulted before purchase.
4.4 Caffeine, Health, and Adult-Use Disclaimers
Coffee and coffee-based Products may contain caffeine. Caffeine may cause adverse effects in some individuals, including jitteriness, insomnia, increased heart rate, anxiety, or other reactions. You are responsible for determining whether caffeine or any Product is appropriate for you.
You should consult a qualified medical professional before consuming caffeinated Products if you are pregnant, nursing, taking medication, have a medical condition, or have been advised to limit caffeine.
Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. No statement on the Site constitutes medical advice.
Products are not tobacco, alcohol, cannabis, controlled substances, or pharmaceutical products. Nevertheless, Coffee Creations requires Customers to be at least eighteen (18) years old and recommends responsible consumption.
4.5 Sustainability and Product Claims
Coffee Creations may use sustainability or similar descriptive language in connection with particular Products or the Company generally. Such claims must be interpreted according to the applicable Product label, substantiation, and law governing the relevant sale.
Product claims should be interpreted according to the applicable Product packaging and the law governing the relevant sale. Coffee Creations reserves the right to revise or correct claims to maintain compliance with applicable law.
4.6 Changes and Discontinuation
Coffee Creations may, without prior notice:
- Modify, replace, reformulate, repackage, or discontinue any Product;
- Change Product availability, prices, descriptions, ingredients, sizes, or specifications;
- Limit quantities available for purchase;
- Refuse to sell Products to particular persons, jurisdictions, or addresses; or
- Correct errors or omissions in Product information.
A change, modification, or discontinuation will not affect an order that Coffee Creations has accepted and shipped, except where required by law or where fulfillment is impossible.
5. Orders and Contract Formation
5.1 Order Submission
When you submit an order through the Site, you make an offer to purchase the selected Products under these Terms at the displayed price and subject to applicable taxes, shipping charges, and other disclosed charges.
Receipt of an order confirmation, order number, payment authorization, or automated email does not constitute acceptance of your offer. It confirms only that Coffee Creations received your order request.
5.2 Acceptance
A contract for the purchase of Products is formed only when Coffee Creations sends a shipment confirmation or otherwise expressly accepts the order in writing (“Acceptance”). If an order contains multiple Products, each shipment confirmation may constitute acceptance of only the Products identified in that confirmation.
If Coffee Creations does not accept an order, Coffee Creations will cancel the order and refund any amount actually charged, subject to applicable payment-processing timelines.
5.3 Refusal, Cancellation, and Correction
Coffee Creations may refuse, limit, or cancel any order before shipment, including where:
- A Product is unavailable or incorrectly listed as available;
- The price, description, promotion, or other material information contains an error;
- The order appears fraudulent, unauthorized, abusive, or suspicious;
- The payment method cannot be verified or authorized;
- The order is destined for a restricted jurisdiction or address;
- The order exceeds applicable quantity or purchase limits;
- The Customer has violated these Terms or previously engaged in abusive conduct;
- The order is placed using an automated purchasing system;
- The order is intended for unlawful resale or unauthorized commercial distribution; or
- Cancellation is required by law, a payment processor, carrier, governmental authority, or other legitimate business reason.
If Coffee Creations cancels an order after payment has been collected, Coffee Creations will issue a refund of the amount collected for the canceled portion of the order. The timing of the refund may depend on the payment processor or financial institution.
Coffee Creations may contact you using the email address or telephone number associated with your order to verify information or address an order issue. Failure to respond may result in cancellation.
5.4 Order Changes
After an order has been accepted or entered into fulfillment, Coffee Creations may be unable to modify the shipping address, Product selection, quantity, grind, or other order details. Customers are responsible for reviewing order information before submission.
6. Prices, Taxes, Currency, and Payment
6.1 Prices
Prices are displayed in the currency identified at checkout, generally United States dollars unless otherwise stated. Prices and availability may change at any time before Acceptance.
A displayed price may exclude shipping charges, taxes, customs duties, tariffs, brokerage fees, or other charges unless expressly stated otherwise.
6.2 Taxes and Government Charges
You are responsible for all applicable sales, use, value-added, goods and services, import, customs, excise, withholding, or other taxes and governmental charges associated with your order, except taxes imposed on Coffee Creations’ net income.
Taxes may be calculated based on the destination, applicable law, Product classification, and information available at checkout. International Customers are responsible for any customs duties, import charges, brokerage fees, or similar amounts assessed by the destination country.
6.3 Payment Processing
Coffee Creations may accept payment through third-party payment processors, including Stripe and PayPal, as well as any other payment method displayed at checkout.
By submitting payment information, you represent and warrant that:
- You are authorized to use the payment method;
- The information supplied is accurate and complete;
- The transaction is authorized by the account holder; and
- You authorize Coffee Creations and its payment processors to charge the total amount displayed at checkout, including applicable taxes, shipping charges, and authorized recurring charges.
Your payment information may be collected and processed by the applicable payment processor under its own terms and privacy policy. Coffee Creations generally does not receive or store complete payment-card numbers.
6.4 Authorization Holds
A payment processor or financial institution may place an authorization hold on your payment method before final settlement. An authorization hold is not necessarily a completed charge. Coffee Creations is not responsible for delays, declined transactions, temporary holds, exchange-rate differences, or financial-institution fees.
6.5 Chargebacks and Payment Disputes
You agree to contact Coffee Creations first to resolve any billing dispute. You may not initiate a chargeback or payment reversal in bad faith, for an amount not genuinely disputed, or after receiving the purchased Product without first allowing Coffee Creations a reasonable opportunity to investigate.
Improper chargebacks may result in account suspension, cancellation of pending orders, recovery of amounts owed, and any other remedies available by law. Nothing in this section limits your lawful rights to dispute an unauthorized transaction or exercise rights provided by applicable law.
7. Shipping, Delivery, Title, and Risk of Loss
7.1 Shipping Policy
Shipping terms, processing estimates, available destinations, shipping methods, carrier limitations, and related conditions are described in the Shipping Policy, incorporated into these Terms by reference.
Estimated shipping or delivery dates are estimates only and are not guaranteed unless expressly stated in writing.
7.2 Customer Shipping Information
You are responsible for providing a complete and accurate shipping address, recipient name, telephone number, email address, and any required delivery instructions. Coffee Creations is not responsible for delays, non-delivery, misdelivery, return-to-sender charges, or additional shipping costs caused by inaccurate or incomplete information.
7.3 International Orders
International shipments may be subject to customs inspection, import restrictions, duties, taxes, tariffs, brokerage charges, delays, or other requirements imposed by the destination country. You are responsible for determining whether Products may lawfully be imported into the destination country and for paying all applicable import-related charges.
Coffee Creations does not guarantee that Products may be imported into every destination or that a destination authority will not seize, reject, delay, or destroy a shipment.
7.4 Title and Risk of Loss
To the maximum extent permitted by applicable law, title to and risk of loss for Products pass to the Customer when the Products are delivered to the carrier for shipment. Coffee Creations is not responsible for loss, theft, damage, delay, or misdelivery occurring after delivery to the carrier, except to the extent caused by Coffee Creations’ willful misconduct or as otherwise required by applicable law.
Nothing in this section limits rights that cannot lawfully be waived, including rights applicable to certain consumer transactions or jurisdictions.
7.5 Damaged, Missing, or Incorrect Shipments
Customers should inspect shipments promptly and notify Coffee Creations of damage, shortage, or incorrect Products within [Number] days after delivery, or within any longer period required by law. Claims may require photographs, packaging information, order details, or other documentation.
Remedies for damaged, missing, or incorrect shipments are subject to the Shipping Policy and Refund & Returns Policy.
8. Returns, Exchanges, and Refunds
Returns, exchanges, refunds, damaged-Product claims, cancellations, and related procedures are governed by the Refund & Returns Policy, incorporated into these Terms by reference.
The currently stated return or exchange period is [Confirm Return Period, e.g., 30 days after delivery], subject to the eligibility conditions, exclusions, instructions, and other provisions of the Refund & Returns Policy.
Nothing in these Terms limits a Customer’s non-waivable rights under applicable consumer-protection law.
9. Intellectual Property
10.1 Company Property
The Site and its contents, including the Coffee Creations name, logos, trademarks, service marks, trade dress, product names, photographs, illustrations, graphics, packaging designs, text, recipes, brewing guides, blog posts, videos, audio, software, code, layout, compilations, and other materials (collectively, “Company Content”), are owned by Coffee Creations or its licensors and are protected by applicable intellectual-property laws.
Except for the limited license expressly granted in these Terms, no right, title, or interest in the Site or Company Content is transferred to you.
10.2 Limited License
Subject to your compliance with these Terms, Coffee Creations grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Company Content solely for your personal, non-commercial use.
You may not copy, reproduce, distribute, modify, publish, display, perform, sell, license, create derivative works from, frame, mirror, republish, download, scrape, or commercially exploit Company Content without Coffee Creations’ prior written consent.
Recipes and brewing instructions are provided for personal informational use only. You may not reproduce, sell, republish, or commercially exploit them without permission.
10.3 Trademarks
“Coffee Creations,” associated logos, product names, slogans, trade dress, and other marks are trademarks or service marks of Coffee Creations or their respective owners. You may not use these marks in a manner likely to cause confusion, imply endorsement, disparage Coffee Creations, or suggest an affiliation without prior written permission.
10.4 DMCA Notices
Coffee Creations respects intellectual-property rights and may respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”).
A copyright owner or authorized agent may submit a written notice to Coffee Creations’ designated DMCA agent containing:
- The physical or electronic signature of the person authorized to act;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to locate it;
- Contact information for the complaining party;
- A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or law; and
- A statement, under penalty of perjury, that the information is accurate and that the complaining party is authorized to act.
Designated DMCA Agent
- Name: [DMCA Agent Name]
- Company: Coffee Creations
- Address: [DMCA Agent Mailing Address]
- Email: admin@coffeecreations.net
- Telephone: +1 (757) 276-0414
Coffee Creations may remove or disable access to allegedly infringing content and may terminate repeat infringers. Knowingly submitting materially false infringement claims may result in liability under applicable law.
10. User-Generated Content and Reviews
11.1 User Content
The Site may permit you to submit or display reviews, ratings, photographs, videos, comments, testimonials, questions, suggestions, social-media content, or other materials (“User Content”).
You retain ownership of User Content, subject to the license granted below. You are solely responsible for your User Content.
11.2 License to Coffee Creations
By submitting User Content to Coffee Creations or displaying it through the Site, you grant Coffee Creations and its affiliates, contractors, service providers, successors, and licensees a worldwide, perpetual, irrevocable, royalty-free, fully paid, non-exclusive, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, distribute, display, perform, create derivative works from, advertise with, market, and otherwise use the User Content in any media or format, for commercial or non-commercial purposes.
This license includes the right to use the username, name, likeness, voice, image, and other identifying information associated with User Content to the extent included in or provided with that User Content, subject to applicable law and the Privacy Policy.
11.3 User Representations
By submitting User Content, you represent and warrant that:
- You own or control all rights necessary to grant the license above;
- The User Content is accurate to the best of your knowledge;
- The User Content does not infringe, misappropriate, or violate another person’s intellectual-property, privacy, publicity, contractual, or other rights;
- You have obtained all necessary permissions from identifiable persons appearing in the User Content;
- The User Content is not unlawful, defamatory, fraudulent, deceptive, threatening, harassing, obscene, abusive, hateful, or discriminatory;
- The User Content does not contain malware, malicious code, or unauthorized advertising; and
- The User Content complies with applicable laws and these Terms.
11.4 Moderation
Coffee Creations may, but is not required to, monitor, edit, refuse, remove, restrict, or disable access to User Content at any time and for any reason. Coffee Creations does not endorse User Content and is not responsible for its content, accuracy, legality, or reliability.
Prohibited Uses
You may not use the Site, Products, or Company Content to:
- Violate any applicable law, regulation, order, or third-party right;
- Place fraudulent, unauthorized, speculative, or abusive orders;
- Use another person’s payment method or account without authorization;
- Resell Products without Coffee Creations’ written authorization;
- Export, import, distribute, or resell Products in violation of applicable law;
- Use automated purchasing systems, bots, scripts, crawlers, spiders, scraping tools, or data-mining technologies;
- Scrape, harvest, copy, index, mirror, or systematically collect Site content or Customer information;
- Circumvent quantity limits, access controls, geographic restrictions, security features, or other Site controls;
- Interfere with or disrupt the Site, servers, networks, checkout systems, or payment systems;
- Introduce malware, viruses, malicious code, or harmful material;
- Attempt to gain unauthorized access to accounts, systems, or data;
- Impersonate Coffee Creations, an employee, another Customer, or another person;
- Use the Site to transmit spam, unsolicited advertising, phishing, or fraudulent communications;
- Create derivative works from, frame, reproduce, or commercially exploit the Site or Company Content;
- Reverse engineer or decompile any portion of the Site, except to the extent such restriction is prohibited by law;
- Use the Site to develop a competing product, service, database, or website;
- Submit false reviews, manipulate ratings, or offer compensation in exchange for misleading reviews;
- Use Products or Company Content for unlawful, unsafe, or unauthorized purposes; or
- Encourage, assist, or permit another person to do any of the foregoing.
12. Third-Party Services, Links, and Platforms
The Site may integrate with or link to third-party websites, applications, platforms, payment processors, carriers, social-media services, analytics providers, review platforms, and other services, including Shopify, Stripe, PayPal, Facebook, Instagram, and carrier tracking services (“Third-Party Services”).
Third-Party Services are controlled by their respective providers. Coffee Creations does not control and is not responsible for their availability, security, content, policies, practices, products, services, or accuracy.
Your use of a Third-Party Service is governed by that provider’s terms and privacy policy. A link or integration does not constitute an endorsement, sponsorship, or guarantee by Coffee Creations.
The Site is hosted and supported in part through Shopify. Shopify’s services and processing of information may be subject to Shopify’s terms and privacy practices.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, COMPANY CONTENT, PRODUCTS, AND ALL RELATED SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
COFFEE CREATIONS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, COFFEE CREATIONS DOES NOT WARRANT THAT:
- The Site will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components;
- Product descriptions, flavor notes, images, nutritional information, availability, or other content will be complete, accurate, current, or error-free;
- Products will meet your individual taste, dietary, health, or brewing preferences;
- Products will arrive by a particular date or remain fresh indefinitely;
- Coffee will produce a particular flavor, aroma, caffeine effect, or brewing result;
- Product packaging, color, grind, roast, flavor, or appearance will be identical between batches;
- Products are suitable for your medical condition, dietary needs, allergies, or intended use; or
- The Site or Products will satisfy any particular commercial, personal, or legal requirement.
Coffee is an agricultural and perishable product. Expected variation in origin, harvest, processing, roasting, packaging, storage, transportation, and preparation may affect freshness, flavor, aroma, appearance, and performance. Such variation is not necessarily a defect.
Some jurisdictions do not permit the exclusion of implied warranties or limitations on the duration of implied warranties. In those jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by law.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COFFEE CREATIONS AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, PAYMENT PROCESSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
- These Terms;
- The Site or inability to use the Site;
- Any Product, order, shipment, delivery, delay, return, refund, or exchange;
- Any User Content;
- Any Third-Party Service;
- Unauthorized access, hacking, or security incident;
- Any error, omission, interruption, defect, delay, or failure of performance; or
- Any other matter relating to Coffee Creations,
REGARDLESS OF THE LEGAL THEORY AND EVEN IF COFFEE CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF COFFEE CREATIONS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU ACTUALLY PAID TO COFFEE CREATIONS FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM DURING THE [12]-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- [Insert Minimum Liability Amount, if desired].
If the claim does not relate to a specific Product, liability will not exceed the total amount you paid to Coffee Creations for purchases made during the [12]-month period immediately preceding the event giving rise to the claim.
The limitations in this Section do not apply to liability that cannot be limited or excluded under applicable law, including liability for fraud, willful misconduct, or certain personal-injury claims where limitation is prohibited.
15. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Coffee Creations and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, and suppliers from and against any claims, demands, actions, proceedings, liabilities, losses, damages, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- Your breach of these Terms;
- Your violation of applicable law or third-party rights;
- Your use or misuse of the Site or Products;
- Your User Content;
- Your negligent, reckless, fraudulent, or intentional conduct;
- Your violation of another person’s intellectual-property, privacy, publicity, or other rights; or
- Your use of a Product contrary to its label, instructions, warnings, or intended use.
Coffee Creations reserves the right to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate with the defense and not settle any matter without Coffee Creations’ prior written consent.
16. Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, Products, orders, or the parties’ relationship will be governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles, except to the extent that applicable law requires the application of another jurisdiction’s law or prohibits such a choice.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17. Dispute Resolution and Arbitration
18.1 Informal Resolution
Before initiating arbitration or litigation, the party asserting a dispute must provide the other party with written notice describing the dispute, the relevant facts, and the requested relief.
Notice to Coffee Creations must be sent to:
Coffee Creations
13346 Chesapeake Place, Carrollton, VA 23314, United States
Email: admin@coffeecreations.net
The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of the notice. This informal-resolution requirement is a condition precedent to initiating arbitration or filing an eligible court action, except where prohibited by law or where immediate injunctive relief is reasonably necessary to prevent irreparable harm.
18.2 Individual Binding Arbitration
Subject to the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, Products, orders, advertising, or the parties’ relationship, including questions concerning the formation, validity, interpretation, enforceability, performance, breach, or termination of these Terms, will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules in effect when the arbitration is initiated.
The arbitration will be conducted by one neutral arbitrator. The arbitrator will have authority to award the same individual relief that a court could award under applicable law, but only to the extent permitted by these Terms and applicable law.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
18.3 Arbitration Procedure and Location
Unless the parties agree otherwise, the arbitration will be conducted remotely, by telephone, videoconference, or based on written submissions. If an in-person hearing is required, it will occur in the county or city where the Customer resides or at another mutually agreed location.
The arbitrator will apply the substantive law specified in Section 17, subject to applicable federal law and non-waivable consumer protections.
Coffee Creations will pay arbitration fees to the extent required by the AAA Consumer Arbitration Rules or applicable law. Each party remains responsible for its own attorneys’ fees and costs unless applicable law or the arbitrator’s award provides otherwise.
18.4 Class-Action and Representative-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT ONLY IN THE PARTIES’ INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator may not consolidate claims or conduct a class, collective, representative, or private-attorney-general proceeding unless both parties expressly agree in writing.
If this class-action waiver is found unenforceable as to a particular claim or type of relief, that claim or relief must be litigated in a court of competent jurisdiction, and any enforceable portion of the arbitration agreement will remain in effect.
18.5 Jury-Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COFFEE CREATIONS KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE THAT IS NOT SUBJECT TO ARBITRATION.
18.6 Small-Claims Court Carve-Out
Either party may bring an individual claim in small-claims court if the claim qualifies for that court, remains on an individual basis, and is not removed, appealed, or transferred to another court. If the claim no longer qualifies for small-claims court, either party may demand arbitration under this Section.
18.7 Injunctive and Intellectual-Property Relief
Nothing in this Section prevents either party from seeking temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights, confidential information, prevent unauthorized access, stop misuse of the Site, or prevent imminent irreparable harm.
18.8 Arbitration Opt-Out
You may opt out of this arbitration agreement by sending written notice within thirty (30) days after the date you first accepted these Terms. The notice must state your name, mailing address, email address, the date you accepted these Terms, and a clear statement that you reject the arbitration agreement.
Opt-out notices must be mailed to:
[Arbitration Opt-Out Address]
or emailed to:
admin@coffeecreations.net
An opt-out notice is effective only if postmarked or transmitted within the thirty (30)-day period. Opting out of arbitration does not affect any other provision of these Terms.
18. Suspension and Termination
Coffee Creations may suspend, restrict, or terminate your access to the Site, account, Products, or any feature at any time, with or without notice, if Coffee Creations reasonably believes that:
- You violated these Terms;
- Your conduct creates risk or potential legal exposure;
- Your account or payment activity is fraudulent or unauthorized;
- Your use may harm another Customer, Coffee Creations, or a Third-Party Service;
- Suspension or termination is required by law or a governmental authority; or
- Suspension or termination is necessary for operational, security, or business reasons.
You may stop using the Site at any time. Termination does not affect rights or obligations that accrued before termination, including payment obligations, accepted orders, dispute-resolution obligations, indemnification obligations, warranty disclaimers, liability limitations, and provisions that by their nature should survive.
19. Modification of These Terms
Coffee Creations may modify these Terms from time to time. Revised Terms will be posted on the Site with a revised effective date.
For material changes, Coffee Creations will provide notice as required by applicable law, which may include email, an account notice, a website banner, or another reasonable method.
Unless otherwise required by law, revised Terms apply prospectively and do not alter the terms governing an order already accepted and shipped. Your continued use of the Site after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not agree to revised Terms, you must stop using the Site.
20. General Provisions
21.1 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will remain in full force and effect.
21.2 Assignment
You may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations under them without Coffee Creations’ prior written consent. Coffee Creations may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or change of control.
21.3 No Waiver
A failure or delay by Coffee Creations to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. A waiver must be in writing and applies only to the specific instance for which it is given.
21.4 Force Majeure
Coffee Creations will not be liable for delay or failure to perform caused by events beyond its reasonable control, including disasters, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, transportation disruptions, supply-chain interruptions, government action, customs delays, utility failures, internet or telecommunications outages, payment-network failures, carrier failures, or similar events.
21.5 Entire Agreement
These Terms, the incorporated policies, Product-specific terms, checkout disclosures, and any written agreement expressly incorporated by reference constitute the entire agreement between you and Coffee Creations concerning the Site, Products, and subject matter addressed here. They supersede prior or contemporaneous communications, understandings, and agreements concerning that subject matter.
21.6 No Agency
These Terms do not create a partnership, joint venture, agency, employment, franchise, fiduciary, or other relationship between you and Coffee Creations.
21.7 Electronic Communications
You consent to receive communications electronically, including order confirmations, shipment notices, account notices, policy updates, renewal notices, and customer-service communications. Electronic communications satisfy any legal requirement that communications be in writing, subject to applicable law.
You are responsible for maintaining a current email address and ensuring that Coffee Creations’ communications are not blocked or filtered.
21.8 No Third-Party Beneficiaries
Except for the indemnified parties identified in Section 16 and any other party expressly identified as an intended beneficiary, these Terms do not confer rights on any third party.
21.9 Survival
Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, User Content, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, payment obligations, and general provisions.
21. Contact Information
Questions, complaints, order concerns, legal notices, and requests relating to these Terms should be directed to:
Coffee Creations
Doing business as: Coffee Creations
13346 Chesapeake Place, Carrollton, VA 23314, United States
Website: https://coffeecreationsofficial.com/
Email: admin@coffeecreations.net
Telephone: +1 (757) 276-0414
Legal Entity Information
- Legal entity name: Coffee Creations
- Business form: [Corporation, LLC, Sole Proprietorship, or Other]
- State or jurisdiction of formation: [State or Jurisdiction]
- Registered agent, if applicable: [Registered Agent Name and Address]
- Business-domain email address: admin@coffeecreations.net
- Arbitration opt-out address: admin@coffeecreations.net
- DMCA designated agent: [DMCA Agent Name and Contact Information]
Last Updated: [Month Day, Year]
