Sales Terms & Conditions
Online Sales Terms and Conditions
Effective Date: December 18, 2014
By purchasing products from Farmer Bros. Co. (referred to as, “Seller,” “us,” “we,” and “our”) through the Shop at Farmer Brothers Coffee website (www.farmerbrotherscoffee.com) (the “Site”) you, on behalf of yourself and any entity you represent, if applicable, acknowledge that: (1) you have read and understand the following Online Sales Terms and Conditions (“Sales Terms”); (2) you agree to be bound by these Sales Terms; (3) these Sales Terms form a legally-binding agreement between you and Seller; and (4) if acting on behalf of an entity, you must have, and you represent and warrant that you have, full authority to bind your entity to these Sales Terms. Please read these Sales Terms carefully and do not purchase product if you do not agree with these Sales Terms.
- Product Orders. Each product order you submit through the Site will be deemed an offer by you to purchase the product specified in your order, which offer Seller may accept or reject, in part or in full.
- Payment. Payments for all orders must be made by credit card. Your credit card will be charged at the time we ship your order. All payments are due in United States dollars. In the event you believe there is an error in the amount charged, you must notify us within five (5) days of the date you are charged, or you are barred from raising such objection. We may use all legal means available to collect any outstanding fees should our attempt(s) to charge your credit card fail for any reason, and you agree to pay all fees associated with the same, including our collection agency and/or legal fees, costs, and disbursements.
- Prices and Taxes. All prices charged by Seller will be the prices as they exist when your order is placed. Seller reserves the right, in its sole discretion, to change product prices at any time. You shall be responsible for payment of shipping costs. Prices do not include sales, excise, use, or other taxes measured by the sales price of the goods sold or any other charges imposed by a governmental authority arising under such sale. You will be responsible for paying any and all such taxes and other charges, unless you have provided us with a verifiable tax exempt form. If Seller is required by a governmental authority to pay any such taxes or other charges arising from the sale of product to you, you agree to reimburse Seller in full for such payment.
- Cancellations. You cannot cancel your order if it has already shipped. For more information on whether you can cancel your order and how to cancel your order, please see “How can I cancel my Shop at Farmer Brothers Coffee order” on the FAQs page, available here: www.farmerbrotherscoffee.com.
- Delivery of Goods. Seller will deliver the goods sold to you by placing the goods with a carrier for delivery to you. Risk of loss of, or damage to, purchased products passes to you F.O.B. Seller’s location. Delivery dates are estimated only. In no event will Seller be liable to you or any third parties for any damages of any kind, direct or indirect, in the event of delay of delivery.
- Shipping Policies. Products ordered through the Site are shipped Monday-Friday, excluding holidays. We make every reasonable effort to ship your order the next business day. We offer 2-day, 3-day, and standard ground delivery service through UPS. We do not offer overnight shipping at this time. Orders can only be shipped within the United States and Puerto Rico, and we cannot ship to P.O. Boxes.
- Return Policy. Our Return Policy is available at www.farmerbrotherscoffee.com, and is incorporated into and made a part of these Sales Terms by reference.
- Limited Warranty. Seller warrants that it has the legal right to sell the goods. If you purchase third-party products through the Site (such as a coffee machine manufactured by a third party), there may (or may not) be additional warranties from the manufacturer, but we are not responsible for any such warranties. In that event, your sole remedy shall be with the manufacturer, and you must contact the manufacturer directly in such event.
- DISCLAIMER OF WARRANTIES. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, OR ARISING BY USAGE OR TRADE, OR OTHERWISE, EXCEPT THE LIMITED WARRANTY STATED IN SECTION 9. SELLER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY. IN NO EVENT WILL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR MULTIPLIED DAMAGES ARISING IN ANY WAY FROM THE SALE OR DELIVERY OF GOODS TO YOU, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation of Seller’s liability is applicable to any and all claims or theories of recovery asserted by you, including, without limitation, breach of contract, breach of warranty, expressed or implied, strict liability in tort or negligence, or in the event that you claim, allege, or otherwise assert that any loss or damage is attributable to the negligence of Seller.
- Limitation on Time to Bring Action. Any action RELATING TO THESE sales TERMS OR YOUR PURCHASE OR USE OF PRODUCT FROM US must be commenced by you within one (1) year after the cause of action has accrued, or forever be barred.
- Delays and Force Majeure. Seller will not be in default or otherwise responsible for any delay in performance or delivery caused by circumstances beyond its control, including, but not limited to, an act of God, fires, floods, wars, government actions, accidents, labor troubles, labor shortages, unavailability of materials, unavailability of equipment, or unavailability of transportation.
- Modification. We reserve the right to revise these Sales Terms at any time. We will post any new or revised Sales Terms here, and you should review these Sales Terms before you place a product order. You can determine if these Sales Terms have been revised since your last product order by referring to the effective date or last updated date at the top of these Sales Terms. The Sales Terms in effect at the time of your product order shall apply to such order.