TERMS AND CONDITIONS

MERCHANT AGREEMENT

The (“Products and Services”) provided by Powered By Barceys LLC, dba Barcey’s (the “Company”) applies these Terms and Conditions upon your access and use of the website, social media accounts, and other products.

Any third-party sites not operated and owned by the Company do not apply these terms and conditions. By checking the indicated box, you wholly accept these Terms and Conditions described below. If you do not wish to agree by these Terms and Conditions set forth herewith, please do not use or received products offered collectively on this Site. The Company reserves the right to alter or modify these Terms and Condition at any given time. We will notify through email or posting notices the revised version and will be effective immediately upon posting. Periodically review these Terms and Conditions and access and use this Site, you agree to accept the Terms and Conditions’ revised version. The Company may suspend or terminate for any reason without notice to access this Site, modify such policies, restrict access, or terminate the user’s authorization. Upon termination of the right to access, you are herein must cease and terminate all use of Service. 

ELIGIBILITY

To use or Services, you must be at least 13 years old. Ages 13-18 may access this Site only with the supervision of a parent or legal guardian who agrees with the Terms and Conditions on this Site. If you access and use our products and services on behalf of someone, both parties agree to follow these Terms and Conditions.

ACCOUNT SECURITY

You must create an account to access certain parts of our Service. Upon creating only one account per individual or Company, you agree to provide accurate, correct, current, and complete information upon registration, maintenance and promptly update any information changes. It is your responsibility to keep your login information confidential and safe. Notify the Company immediately if you notice unauthorized use or breach of security of your account.

You consent to receive electronic correspondence (email, text, or post notices) from us upon creating your account. If you join our mailing list, you agree that we will send you promotional emails, newsletters, special offers, and any information we believe might interest you. You can always cancel the email subscription only by clicking the unsubscribe button or email us to opt-out.

TERMS OF SALE

Subscription. We offer different subscription options for you to choose from. Please visit our Subscription FAQ for more information. Suppose you decide to subscribe to a continuous subscription; in that case, you agree that our third-party payment gateway is authorized to charge your card regularly as per your plan option until you cancel it or suspend the Subscription. You can manage your Subscription (frequency, on hold, plan type, etc.) through your account dashboard. Withdrawing or pausing Subscription less than six days from the next schedule will affect the following scheduled delivery date.

 BILLING AND PAYMENT INFORMATION

You warrant and represent that you authorized us to use your banking information, including our third-party payment processor, to charge your account for the total due of your Subscription or Product Ordered, including applicable taxes and other charges. We will automatically cancel or suspend your order should your bank account deny our posted payment transaction. You must resolve any issue regarding payment before we can proceed with fulfilling your order. You can always update your banking information anytime through your account dashboard.

 PRICING AND AVAILABILITY

All prices posted are in US dollars and do not include taxes and other additional charges (if any). We reserve the right at any time without notice to adjust prices as we see fit. If the Subscription price changes, we will notify you in advance through email that will serve as your acknowledgment and acceptance of such changes unless you decide to cancel your plan and is per our cancellation policy. All products are subject to availability. 

TAXES

Applicable taxes on products, including the Subscription plans shipping to states, which we have to collect sales tax. In this case, you agree that the amount of taxes shown upon checkout is part of additional charges.

 SHIPPING AND HANDLING

We ship free anywhere in the USA, but we reserve the right to add shipping cost from time to time whenever needed. We will provide notice to you before check out or before shipping your subscription coffee. All coffees are handled directly by the roasters where your coffee is coming from, so actual delivery dates may vary depending on how far the coffee roaster’s facility from your location. Shipping email notifications are estimates only. A third party courier (USPS or UPS) handles our shipping.

 RETURNS AND REFUND

Due to our product’s nature, which is perishable, we would only accept unopened and unused products, including the coffee subscription delivery within 30 days of the invoice date. We will process the refund upon receipt of the returned items, less appropriate adjustments from the original merchandise value. Contact customer service first at 302-660-0091 or email at power@barceys.coffee to received instruction about where to mail the returned items. Products must be returned in prepaid packages or provide you with prepaid shipping and deducted from the refund amount.

INTELLECTUAL PROPERTY

The Company, Powered By Barceys LLC, owns its logo, words, titles, phrases, and graphics to connect with our brand. The content may not be copied or reproduced without our prior written consent. Any use of our content other than authorized by us is strictly prohibited. Nothing in these terms of use will construe a grant of ownership or exclusive rights to any of our intellectual property.

 ACCEPTABLE USES OF SERVICES

You may use our Service for business, personal, shopping, or informational reasons. Any duplication, distribution, reproduction, republication, and display of the content is strictly prohibited. We do not consent to exploit our content for any commercial or personal purposes without prior authorization in the Company’s writing. You agree to use the Services and content on our platform according to the Terms of use herewith. We reserve the right to revoke, prohibit access, and use content, in its sole discretion, should we find violations, inappropriate use that may be harmful to our brand, and be adhered to immediately upon notice. You may use our Service for lawful purposes only. You agree to abide by these terms of use and not violate the law. We will report any unauthorized access to the authorities, attempt to post virus, bug, or harmful material that would breach security, unlawful possession of data that would disrupt or interfere with our platform’s use, and threatens our data’s security. The use of robots, spiders, crawlers, offline readers, and automated ways to access information and extract data is considered unlawful, threatening, invasive of privacy, fraudulent, and abusive. This constitutes a criminal offense and violates the party’s local, state, and national rights. You may not attempt to impersonate or misrepresent your association with the Company as it is deemed unlawful. We may remove or delete any user-generated items any time for any reason we unsafe.

 RIGHTS TO REFUSE SERVICE

The Company reserves the right to terminate, refuse Service or cancel orders, including Subscription, should we find the customer violates the terms of use that actions might be harmful to the Company and its affiliates.

 THIRD-PARTY CONTENT

The Company may employ and include third-party content, advertisements, promotions on its websites.

 FEEDBACK

We love to hear from you any comments, questions, ideas, or other information you would like to share about the Company or our Products and Services. This feedbacks are non-confidential and will become the property of the Company. We are entitled to publish with unrestricted use the Feedback submitted for any commercial purpose without compensation or acknowledgment.

 COPYRIGHTS COMPLAINTS

We terminate users’ account without notice who infringe the intellectual property of others. If you misrepresent knowingly any of our material or Services, you may be liable for particular costs and damages. Should you believe that something in our Services violates any copyright that you own, you may notify us: Powered By Barcey’s LLC  power @barceys.coffee

PRIVACY POLICY

Please check our Privacy Policy page for more information regarding how we collect and use information about you.

 ERRORS, INACCURACY AND OMMISIONS

We strive to be on point as much as possible. However, on rare occasions for errors, inaccuracies, and discrepancies from the products you received, from advertised prices or promotions, please let us know immediately. We do not warrant that images, descriptions, pricing, promotional codes, or other information on our products are always 100% accurate, current or error-free. If the advertised products do not match the product you received, call Customer Service right away to rectify the situation. If we find an error or discrepancies regarding your order, we reserve the right to correct the problem or cancel the transaction altogether.

WARRANTIES AND LIMITATION OF LIABILITY DISCLAIMER 

It is your sole responsibility to assume all risks regarding the safe and proper handling, storage, preparation, and consumption of the products you received from us. It is also your sole responsibility to know any food allergies you may have and verify the product before consumption. The Company provides services “As Is” and “As Available” basis. The Company makes no warranties or representations that our services and products are error-free, complete, accurate, noninfringement, or current. The Company does not warrant to correct any defect if its servers, website, or email sent are virus-free, error-free, or contain any harmful components. It is your sole risk for the use of this Service. Any damages arising from our platform’s use, including but not limited to direct or indirect damages, does not make the Company liable. Some states do not permit limitation or exclusion of implied warranties or damages of some sort in such jurisdiction liability is limited by permission of such state law. In such an event, the total Company liability to you for all losses and damages from the Terms or use of platform does not exceed One Hundred Dollars ($100.00)

 RELEASE

You release the Company to the fullest extent permitted by law from any liability, responsibility, demands, claims, damages (Consequncial and actual), known and unknown (including but not limited to claims of negligence) coming from disputes between users and third-party. Under California Civil Code 1542 Law and any other common law principles that you knowingly waive any rights you may have under these laws to release the Company for any claims at the time you agree to this release.

 INDEMNIFICATION

You agree to indemnify, defend and hold the Company, its officers, employees, and affiliates harmless from any liability, loss, claim damages, demands, expenses arising from your Feedback, use of Service, violation of these Terms of Use, infringement of any rights of property and privacy or conduct of use. You are to notify and cooperate with the Company of any third party claims and pay all fees associated with such requests (including but not limited to attorneys’ fees). The Company has full control of the defense and settlement of any third party claims. 

 APPLICABLE LAW

This website is controlled and operated by the Company with office in the State of Delaware, United States of America. You agree that accessing and using the Services the Terms of use outlined herewith is governed and in accordance by the State of Delaware. You agree to the exclusive jurisdiction and venue of State and Federal Courts located in Dover, Delaware, the United States of America for any disputes and claims arising out of these Terms of Use.

 GENERAL PROBITIONS AND SEVERABILITY

In an acquisition, merger, or sale of all or part of the Company’s assets, some or all Company’s rights and obligations may be transferred and assigned to new parties. In any event that some provisions of the Terms of Use may be unlawful or void then that shall be severable from other Terms but shall not affect enforceability and validity or remaining provision.

 MISCELLANEOUS

California website users, under California Civil Code Section 1789.3, are entitled to the consumer rights notice. California Department of Consumer Affairs, Complaint Assistance Unit may be contacted at 800-952-5210. About our platform’s access and use, you agree with the Company to adhere the Terms of Use outlined herewith. It does not act as a waiver of such provision or right, in an event, the Company fails to enforce or exercise provision or rights of these Terms of Use

 For California Website Users, please contact us for questions about these Terms of Use or the services and products offered on the website at power @barceys.coffee

© 2020 Powered By Barceys LLC. All rights reserved. 

Last Revised October 26, 2020

To sell items in The Marketplace on barceys.coffee (the “Site”), the Vendor must agree to the following agreement, which includes our terms and conditions and privacy policy and any other terms and conditions on the Site. As Vendor, you agree by our Terms and Conditions upon listing an item for sale or purchasing on the Site. 

Powered By Barcey’s LLC operates the Site (“Barcey’s”), which reserves the right to make changes to this marketplace seller agreement at any time. We recommend reviewing Policy from time to time as we update changes in our marketplace Terms and Conditions, and these updates always bound you should you continue to sell items in our marketplace. These updates may occur at any time as deem see it appropriate. 

THE MARKETPLACE

Barceys.Coffee provides an online marketplace that allows coffee roasters to sell their products to potential buyers. Barceys.Coffee offers a platform for these transactions to take place.

ACCOUNT SETUP

After the initial application online, we will review your application, and once approved, you can log in using the username and password (the “Account”) you have created to make full access to your Store Manager. We suggest not to share your password with anyone except authorized employees. We highly recommend always to provide complete, accurate, and current information. Please update your Account promptly with any changes. Keep your login information as safe as anybody who logs into your Account will be considered you. Powered By Barceys LLC is entitled to rely on the contact and other information provided to us through your Account. Your Account is non-transferable and non-assignable.

ELIGIBILITY REQUIREMENTS

Listing items for sale in the Barcey’s Marketplace is limited to parties that can lawfully enter into a contract. You must complete your information on the application form before we can approve you to sell. You must review all your data, including your banking information, for smooth payment transfer upon sale.

MARKETPLACE FEES

For all items sold through its marketplace, Barcey’s charges a fee based on a percentage of the sale price, as set forth herewith. Fees imposed may change at any time with or without prior notice. Vendors are responsible for paying these fees, and we will automatically deduct from your sales before transferring your earnings. As a Vendor, you agree that we will debit your bank account for amounts due.

REQUIRED COMMUNICATION

Barcey’s will provide timely support to our marketplace’s customers, but please make sure that we will have a quick response from you should a customer needs a specific answer to a question. Please communicate and resolve to us all customer issues related to Barcey’s marketplace within 24hrs if possible. You are also required to notify Barcey’s should there be any issues regarding coffee production or shipping. 

SHIPPING EXPECTATIONS

Barcey’s will provide a shipping label within 24hour of customer purchase. Upon receipt of the shipping label, vendors have 48hrs to ship orders. We have an estimated 5-8 business days (standard shipping) for the customer to receive the order. Barcey’s will provide shipment notification directly to the customer with the tracking information we will provide. Please carefully packed coffee products. Vendors must ship orders to buyers made through the platform. 

SELLER RESTRICTIONS

We sell products to customers by the case to help them save money off retail prices. Please provide an accurate description of your items listed. Barcey’s reserves the right to refuse service to anyone at any time for any reason. We reserved the right to removed any items without prior notice. Vendors are required to list items at wholesale prices and must follow the Shipping Guidelines herewith. 

INFORMATION OF BUYER/CUSTOMER 

We expect vendors to keep the buyer’s information confidential and secure. You must not share login information with anybody other than an authorized employee. Do not share, sell, or distribute buyer information to a third party not related to the marketplace. Use buyer’s information solely to complete the transaction made on this marketplace.

PAYMENTS

After a Completed Sale occurs, we credit your Account every Monday the following week of the sale, deducting marketplace fees, refunds, and other agreed fees before transferring Net Sale to your designated bank account. See to it that the banking information provided is accurate. 

As the Vendor in this marketplace, we expect you to act following the provisions provided herewith.

TAXES

It is your responsibility as a vendor to remit taxes in connection with the transaction. Barcey’s may provide tools that allow a user to charge sales tax on transactions. Barcey’s will not be held responsible for the collection or lack of supply of any taxes due to these tools’ use. 

RETURN POLICY

We expect vendors to accept and process returns, refunds, and adjustments according to the Refund and Return Policy agreement published on the Site. We do not charge the customer for restocking and refund processing fees. Customer/Buyer is required to send products back prepaid after determining the eligibility of return. According to our Return and Refund Policy, we do not accept any opened items unless buyers have a real reason to do so. Barcey’s will determine all refund amounts and adjustments to be paid by you to buyers in connection with Barcey’s marketplace purchases and offset against the due remittances. Barcey’s Refunds and Return Policy are subject to Law and must be adhered to no later than 30 days. 

TERMINATION

At any time, Vendors may terminate their participation in our marketplace by written notice to Barcey’s. Barcey’s also reserves the right to terminate vendors for any reason in sole discretion without prior notice. Barcey’s reserves the right to monitor user accounts to determine if policies or laws adhere. Barcey’s reserves the right to remove or edit any content supplied by vendors. Should there be an illegal or fraudulent activity, we will report such incidents to law enforcement or other third parties. Upon termination, the Vendor must pay Barcey’s fees incurred before the effective date of termination, and any pending transactions, including Coffee Subscription, will be canceled. 

Barcey’s reserves the right, upon termination, to offset against any payments to be made to the Vendor, an amount determined by Barcey’s adequate to cover refunds, fees, adjustments, or other amounts related to marketplace sale within 30 days period. At the end of such 30 days period following termination, Barcey’s will disburse payment. 

WARRANTY

Barcey’s marketplace is provided as-is and without warranty of any kind. W aim to provide service 24 hours a day, 365 days a year, but we could not guarantee that the marketplace is always available. Barcey’s will not be liable for any loss due to our marketplace not being available. Barcey’s will not be responsible for any loss due to errors in our software or the software of others that we use.

RISK OF LOSS

Barcey’s may refuse service to anyone for any reason. Any fraudulent purchases, Barcey’s, will bear the risk of any credit card fraud. Barcey’s may obtain reimbursement of any amounts owed by the seller by deducting from future payments owed to the seller. You authorize Barcey’s debit bank account any fees you have incurred through the marketplace.

INDEMNITY/LIMITATION OF LIABILITY

You will defend, indemnify and hold harmless Barcey’s and its associates from and against any claims, damages, costs, losses, penalties, judgment, attorneys fees arising from any claim, audit, investigation, or other proceedings instigated by anybody or entity that relates to the actual, alleged breach of contract and misrepresentation set forth on this marketplace, your website and sales channels, the products you sell collect payment or pay taxes.

DISPUTES

You agree to release Barcey’s from claims, demands, and damages related to transaction disputes. If a dispute arises, Barcey’s Customer Service will mediate conflicts between Buyers and Sellers on our platform. During mediation, Barcey’s will determine resolution on the Vendor’s behalf. 

JURISDICTION

The Party shall adjudicate any claim against Barcey’s about our marketplace in a court in Delaware, and you agree to the exclusive jurisdiction of these courts. This agreement shall be governed by Delaware law without conflict. 

AGREEMENT OF CONTENT

The marketplace is allowed to use any content submitted. Vendors represent ownership of any content submitted and are responsible for any violation of unauthorized content. Failure to enforce any section of this agreement by Barcey’s does not constitute a waiver of Barcey’s right to enforce such a unit or any other department in the futur

© 2020 Powered By Barceys LLC. All rights reserved. Reuse of any part of this document is prohibited without prior written consent.

Last Revised October 1, 2020