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2013-05-20 01:22:33
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When you purchase products from Peet’s Operating Company, Inc. d/b/a Peet’s Coffee & Tea through the Site (the “Site”), your purchase is governed by these Product Purchase Terms and Conditions (the “Terms”). By purchasing products through the Site (the “Products”), you agree to these Terms, which will create a binding agreement between us. All sales are expressly conditioned upon your agreement to these Terms and Peet’s Coffee & Tea Terms and Conditions of Use. We reserve the right to modify or update these Terms at any time, and the terms in place on the date of your purchase will apply to the transaction. Please be sure you have read and agree to our current Terms.
Shipping & Returns. Our policies and rates for shipping and returns are available by clicking here.
Acceptance of Order. We reserve the right to refuse any order in our sole discretion. In addition, we may require you to provide additional information if you have not provided all information necessary to complete your order.
Product Descriptions. We attempt to be as accurate as possible when describing the Products available for purchase; however, we do not warrant that Product descriptions are accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return the Product pursuant to our returns policies.
Pricing and Availability. All prices, costs and taxes for Products are shown in U.S. dollars. All Products 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. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens in order to reflect any changes in tax rates.
Payment Terms. General information regarding how to order Products and acceptable payment methods is available by clicking here. By submitting an order, you represent and warrant that you are authorized to use the designated credit or debit 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.
Risk of Loss. All items purchased through the Site are shipped pursuant to shipment contracts with third-party carriers. As a result, the risk of loss and title for such purchased Products pass to you upon our delivery of such Products to the carrier
Disclaimer of Warranties. Products purchased through the Site may be returned or exchanged in accordance with our returns policy. THIS IS THE ONLY GUARANTEE OR WARRANTY MADE BY PEET’S COFFEE & TEA RELATING TO THE PRODUCTS YOU PURCHASE THROUGH THE SITE. EXCEPT AS SET FORTH IN THE PRECEDING TWO SENTENCES, TO THE FULLEST EXTENT PERMITTED BY LAW, PEET’S COFFEE & TEA AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE, INCLUDING ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PEET’S COFFEE & TEA, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PEET’S COFFEE & TEA OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OR USE OF THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE. THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, BUSINESS INTERRUPTION, LOSS OF INCOME, PROFITS OR DATA), EVEN IF AN AUTHORIZED REPRESENTATIVE OF PEET’S COFFEE & TEA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF PEET’S COFFEE & TEA (INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS THROUGH 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.
Dispute Resolution. Any dispute between you and Peet’s shall be governed by applicable provisions of federal and California law, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts located in Alameda County, California. If any provision of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, this provision shall be considered revised and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. In such cases, the remaining provisions of these terms and conditions shall remain in full force and effect. These same conditions also apply to any contractual gaps.
Entire Agreement. These terms and conditions (including any terms and conditions expressly referenced or linked to herein) constitute the entire understanding and agreement between you and us with respect to the purchase of Products through the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the purchase or use of Products purchased through the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may contact us at:
1400 Park Ave
Emeryville, CA 94608
Monday through Friday, 6 A.M. – 6 P.M. PT
(From Mexico and countries outside of North America, please call 510.594.2950)
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