Terms and Conditions

TERMS AND CONDITIONS

Last Updated: August 17, 2024

Welcome to A Stone Cold Brew Coffee ("Company," "we," "us," "our"). By accessing or using our website located at https://astonecoldbrew.com/ (the "Site"), purchasing our products, or engaging with our services, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully.

1. ACCEPTANCE OF TERMS
   
   

1. By accessing, browsing, or using the Site, placing an order, or engaging with any of the services provided by A Stone Cold Brew Coffee, you agree to be legally bound by these Terms and Conditions. Your use of the Site constitutes your acceptance of, and agreement to adhere to, all applicable laws and regulations and to these Terms, which may be updated from time to time without notice.
   
   
2. If you do not agree with any part of these Terms, you are prohibited from using the Site or purchasing products from the Company. It is your responsibility to review these Terms periodically to ensure you are aware of any changes. Your continued use of the Site following the posting of any modifications to these Terms constitutes your acceptance of those changes.
   
   
3. These Terms form a binding agreement between you and A Stone Cold Brew Coffee and apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
   
   

2. ELIGIBILITY

To access or use our website, and to purchase products from A Stone Cold Brew Coffee, you must meet the following eligibility criteria:

1. You must be at least 18 years old or the legal age of majority in your jurisdiction, whichever is greater. By using our website or making a purchase, you represent and warrant that you meet this age requirement.
2. You must have the legal capacity to enter into binding contracts under applicable law. By placing an order, you represent and warrant that you have the authority to enter into and comply with these Terms.
3. You agree to provide accurate, current, and complete information during the account registration and purchase process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.
4. You must comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the website and purchase of products. You agree not to use our website or products for any unlawful purpose or in violation of any applicable laws or regulations.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion if we believe that you do not meet these eligibility criteria.

1. PRODUCTS AND AVAILABILITY

A Stone Cold Brew Coffee offers a variety of coffee products and related merchandise, including but not limited to coffee blends, t-shirts, mugs, water bottles, and hats (collectively, "Products"). We strive to ensure that all descriptions, images, and pricing of our Products are accurate and up-to-date. However, we do not guarantee that the color, appearance, or other visual details of the Products as displayed on your screen will be accurate, due to variations in monitors and devices.

All Products are subject to availability. We reserve the right to limit the quantity of Products available for sale, to discontinue any Product at any time, or to refuse an order if the Product is unavailable. In the event a Product becomes unavailable after an order is placed, we will notify you as soon as possible and provide you with an option to either substitute the Product with a comparable item or cancel the order for a full refund.

Product availability and pricing may be subject to change without notice. We reserve the right to make adjustments to pricing, promotions, offers, and related information at any time. Errors in product information, including descriptions, pricing, or availability, are subject to correction, and we reserve the right to revoke any offer or cancel orders that contain incorrect information, regardless of whether the order has been confirmed and your payment processed.

If your payment has already been processed for a canceled order, we will issue a refund in the amount of the original purchase price. Any changes to Products or services on the Site will be effective immediately upon their posting.

1. ORDER PROCESS AND PAYMENT
   
   

1. Placing an Order

To place an order on A Stone Cold Brew Coffee's Site, you must follow the online ordering process. You will be required to provide accurate and complete personal and payment information. Once you submit an order, it constitutes an offer to purchase the selected products. All orders are subject to acceptance by A Stone Cold Brew Coffee.

Upon successful submission of your order, you will receive an email confirming receipt of your order details. This confirmation email is not an acceptance of your order but an acknowledgment that we have received it. We reserve the right to accept or decline any order at our discretion, including but not limited to cases of incorrect pricing, unavailable stock, or suspected fraudulent activity. If we decline your order after payment has been processed, we will issue a full refund to the original payment method.

1. Payment Methods

We accept payments through major credit cards, debit cards, and PayPal. All payments are processed through secure and encrypted payment gateways to protect your personal and financial information.

By submitting your payment details, you confirm that you are authorized to use the payment method provided and that all information provided is accurate. In the event of a failed transaction or rejected payment, your order will not be processed until valid payment is received.

1. Pricing and Taxes

All prices displayed on the Site are in USD ($) and may be subject to applicable sales taxes or other fees, depending on your shipping destination and local laws. Shipping costs and applicable taxes are calculated and displayed during the checkout process and will be added to the total amount due.

Prices for Products are subject to change at any time without prior notice. A Stone Cold Brew Coffee is not responsible for pricing or typographical errors. In the event a Product is listed at an incorrect price due to an error, we reserve the right to cancel any order placed at the incorrect price, even if your order has been confirmed and your payment has been processed. In such cases, we will issue a full refund.

1. Order Confirmation and Fulfillment

Once your order has been accepted, we will process and ship it in accordance with our shipping policy. You will receive a final confirmation email, which will include shipping details and tracking information, if applicable. In some cases, additional verification or information may be required before an order is accepted and fulfilled.

We reserve the right to refuse or cancel orders at our discretion for reasons including, but not limited to, limited availability, issues with the payment method, or suspected fraudulent activity.

1. Order Cancellation

You may request to cancel your order before it has been processed by contacting our customer service team. Once your order has been processed and shipped, it cannot be canceled.

1. SHIPPING AND DELIVERY
   
   

1. Shipping Locations

A Stone Cold Brew Coffee ships both domestically within the United States and internationally to selected countries, if intimated. The availability of shipping services may vary depending on your location, and we reserve the right to refuse shipment to certain destinations due to logistical constraints, legal restrictions, or other reasons.

1. Shipping Rates and Methods

Shipping rates are calculated based on the weight of your order, the shipping destination, and the chosen shipping method. These rates will be displayed during the checkout process before the order is finalized. We offer various shipping options through trusted carriers, and delivery times will vary depending on the shipping method selected.

Please note that all delivery times provided are estimates and are not guaranteed. Actual delivery times may be affected by factors such as weather conditions, customs delays, carrier issues, or other circumstances beyond our control. A Stone Cold Brew Coffee is not responsible for delays once the order has been handed over to the shipping carrier.

1. Order Processing Time

We aim to process and ship all orders within 2-3 business days after your order has been accepted. During peak seasons or promotional periods, order processing may take longer due to increased demand. Orders placed on weekends or public holidays will be processed on the next business day.

1. Tracking and Notifications

Once your order has been processed and shipped, you will receive a shipping confirmation email that includes tracking information, if applicable. You can use this tracking number to monitor the status of your delivery through the carrier’s website. If you do not receive a tracking number or have issues with tracking your package, please contact us.

1. International Shipping

For international orders, please note that shipping charges do not include duties, customs fees, or taxes that may be imposed by the destination country. The recipient of the shipment is responsible for any such additional charges. Customs regulations vary by country, and we advise you to check with your local customs office for more information regarding the duties or taxes that may apply to your order.

A Stone Cold Brew Coffee is not responsible for any delays caused by customs clearance processes in the destination country. In the event your package is held by customs, you may be required to provide additional information or pay duties before the package is released for delivery.

1. Delivery Issues

If your order is marked as delivered but you have not received it, please contact the shipping carrier first to inquire about the delivery status. If the carrier is unable to locate your package, please reach out to us and we will assist in resolving the issue.

Please note that A Stone Cold Brew Coffee is not responsible for lost, stolen, or damaged packages once they have been handed over to the shipping carrier. We recommend checking the condition of your package upon delivery. If your package arrives damaged, please take photographs and report the issue to the carrier immediately. We will assist in filing any claims with the carrier, but compensation or replacements will be subject to the carrier’s policies.

1. Undeliverable Packages

If a package is returned to us due to an incorrect shipping address provided by the customer, failure to claim the package, or any other reason that causes the package to be undeliverable, the customer will be responsible for the costs associated with reshipping the order. If the customer chooses not to have the package reshipped, we will issue a refund for the cost of the Products only, minus the original shipping costs.

1. REFUNDS AND RETURNS
   
   

1. General Policy

Due to the perishable nature of coffee, all sales of coffee Products are final. We do not accept returns or offer refunds on coffee Products unless they are damaged or incorrect upon delivery. For merchandise (e.g., t-shirts, mugs, water bottles, hats), returns are accepted under specific conditions outlined below.

1.  Returns of Merchandise

You may return merchandise within 05 days of receipt if the items are unused, unworn, and in their original packaging. To initiate a return:

1. Contact our customer service team to request a Return Merchandise Authorization (RMA) number.
2. Include the RMA number on the return package, along with a copy of the original invoice or order confirmation.

Returned items must be shipped back to us at your expense. We recommend using a trackable shipping service to ensure they are returned safely.

1.  Refunds for Merchandise

Once we receive and inspect the returned merchandise, we will notify you of the status of your refund. If the return is approved, we will issue a refund for the purchase price of the merchandise, excluding any original shipping costs, to the original payment method used at checkout.

Refunds may take several business days to process, depending on your payment provider's processing times. If your refund has not been received within 30 days after the processing time has elapsed, please contact us for assistance.

1. Damaged or Incorrect Products

If you receive a damaged or incorrect product, please contact us within 7 days of delivery with detailed information and photographs of the issue. We will review your claim and, if approved, provide you with a replacement or issue a store credit for the value of the affected product. If a replacement is not available, we will process a full refund, including any applicable shipping costs.

1. Order Cancellations

You may request to cancel your order before it has been processed by contacting our customer service team. Once an order has been processed and shipped, it cannot be canceled. However, you may be eligible for a return or exchange as outlined above.

1. Exchanges

Exchanges for merchandise are only permitted if the item is damaged, defective, or incorrect. To request an exchange, follow the return process outlined above and indicate the desired replacement item. Exchanges are subject to availability. If the replacement item is out of stock, you will be offered a store credit or refund.

1. Non-Returnable Items

The following items are non-returnable and non-refundable:

1. Coffee Products, due to their perishable nature
2. Gift cards
3. Sale or clearance items
   
   

1. Customer Responsibility

It is the customer’s responsibility to ensure that the returned merchandise meets the conditions specified in our return policy. Items returned in a condition that does not comply with our policy will not be eligible for a refund or exchange.

1. Contact Information

For all return and refund inquiries, please contact our customer service team. Please include your order number and details of the issue to facilitate prompt assistance.

1. SUPPORTING THE 1911 INITIATIVE
   
   

1. Purpose of Contributions

A Stone Cold Brew Coffee is committed to supporting the 1911 Initiative, a nonprofit organization dedicated to providing internships and mentoring programs for college-bound students. We aim to combine our passion for high-quality coffee with a meaningful cause by contributing a percentage of our sales to this initiative.

1.  Contribution Structure
   
   

Coffee Products: A specified percentage of the sales revenue from each coffee product sold through our Site will be donated to the 1911 Initiative. The percentage is determined by our current donation policy, which is subject to change based on business needs and operational costs.

Merchandise: A portion of the proceeds from sales of coffee-related merchandise, including t-shirts, mugs, water bottles, and hats, will also be donated to the 1911 Initiative.

1. Transparency and Reporting

We are committed to transparency regarding our contributions to the 1911 Initiative. Upon request, we may provide information about the total amount donated and the impact of these contributions. 

1. Changes to Contribution Policy

The percentage or amount of sales donated to the 1911 Initiative may be adjusted from time to time due to changes in operational costs, business strategy, or other factors. We may update our policy to reflect any changes in our donation policy and ensure that customers are informed of the current contribution structure.

1. Limitation of Liability

A Stone Cold Brew Coffee makes no representation or warranty regarding the specific outcomes or benefits derived from donations made to the 1911 Initiative. While we are dedicated to supporting this cause, we are not responsible for the operations, decisions, or outcomes of the 1911 Initiative.

1. Contact Information for Donation Inquiries

For any questions or inquiries about our contributions to the 1911 Initiative, please contact us. We are happy to provide additional information about our support for the nonprofit and the impact of your purchase.

1. INTELLECTUAL PROPERTY
   
   

1. Ownership 

All content, materials, and intellectual property associated with A Stone Cold Brew Coffee, including but not limited to logos, trademarks, trade names, designs, text, images, graphics, videos, software, and any other proprietary information (collectively, "Intellectual Property"), are the exclusive property of A Stone Cold Brew Coffee or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, and trade dress laws.

1. Trademarks

The trademarks, service marks, and logos used and displayed on the Site, including "A Stone Cold Brew Coffee" and related logos, are registered and unregistered trademarks of A Stone Cold Brew Coffee. You are not permitted to use any trademarks or service marks without the prior written consent of A Stone Cold Brew Coffee.

1. Copyright

All original content on the Site, including text, images, graphics, and videos, is protected by copyright law and is owned by A Stone Cold Brew Coffee or its content suppliers. Unauthorized copying, reproduction, distribution, or use of any content from the Site is strictly prohibited without the express written permission of A Stone Cold Brew Coffee.

1. Limited License

Subject to your compliance with these Terms, A Stone Cold Brew Coffee grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and its content for personal, non-commercial purposes. This license does not include any right to reproduce, modify, distribute, display, or create derivative works of any content from the Site. Any use of the Site or its content beyond the scope of this limited license is prohibited.

1. User-Generated Content

By submitting any user-generated content to the Site or through other communication channels (e.g., reviews, feedback, or social media), you grant A Stone Cold Brew Coffee a non-exclusive, royalty-free, perpetual, worldwide, and irrevocable license to use, reproduce, modify, adapt, publish, and distribute such content for any purpose, including promotional purposes, without compensation or attribution to you.

1. Infringement

If you believe that any content on the Site infringes upon your intellectual property rights, please contact us with a detailed description of the alleged infringement. We will investigate and take appropriate action as required by law.

1. Prohibition of Unauthorized Use

You agree not to use, copy, reproduce, distribute, transmit, display, modify, create derivative works of, or exploit any Intellectual Property from the Site without the prior written consent of A Stone Cold Brew Coffee. Any unauthorized use of the Intellectual Property may result in legal action.

1. Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by A Stone Cold Brew Coffee. No rights or licenses are granted by implication, estoppel, or otherwise.

1. PRIVACY

1. Privacy Policy

Your use of the Site is governed by our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using the Site or providing personal information to us, you consent to our collection and use of your information as described in the Privacy Policy.

1. Information Collection

We may collect various types of information from you, including but not limited to:

1. Such as your name, email address, phone number, billing and shipping addresses, and payment information when you make a purchase or contact us.
2. Such as your IP address, browser type, operating system, pages viewed, and the date and time of your visits to our Site.
3. We may use cookies, web beacons, and similar technologies to enhance your experience, analyze usage, and personalize content.
   
   

1. Use of Information

We use the information we collect to:

1. Process and fulfill orders.
2. Communicate with you regarding your orders, inquiries, and updates.
3. Improve our Site and services.
4. Personalize your experience on our Site.
5. Send promotional materials and marketing communications, if you have opted in to receive them.
6. Comply with legal obligations and enforce our Terms.
   
   

1.  Disclosure of Information

We may disclose your information to:

1. Service Providers: Third-party vendors and service providers who assist us with processing payments, shipping orders, and other business operations.
2. Legal Requirements: When required by law or in response to legal processes, such as court orders or subpoenas.
3. Business Transfers: In connection with a merger, acquisition, or sale of all or a portion of our business, in which case your information may be transferred as part of the transaction.
   
   

1. Data Security

We implement reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your information, we cannot guarantee absolute security.

1. Your Rights and Choices
   
   

1. Access and Correction. You may request access to or correction of your personal information by contacting us.
2. Opt-Out. You may opt out of receiving promotional communications from us by following the unsubscribe instructions included in those communications or by contacting us directly.
3. Cookies. You can manage your cookie preferences through your browser settings. However, disabling cookies may affect your ability to use certain features of the Site.
   
   

2. Children’s Privacy

The Site is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information.

1. Changes to the Privacy Policy

We may update our Privacy Policy from time to time. Any changes will be posted on our Site with an updated effective date. Your continued use of the Site after any modifications to the Privacy Policy constitutes your acceptance of those changes.

1. Contact Information

If you have any questions or concerns about our Privacy Policy or how we handle your personal information, please contact us.

1. LIMITATION OF LIABILITY
   
   

1.  No Warranties

To the fullest extent permitted by law, A Stone Cold Brew Coffee makes no representations or warranties of any kind, express or implied, regarding the Site, its content, or the Products sold through it. The Site and Products are provided on an "as-is" and "as-available" basis. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

1. Limitation of Liability

In no event shall A Stone Cold Brew Coffee, its affiliates, directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

1. Your use or inability to use the Site or Products.
2. Unauthorized access to or alteration of your transmissions or data.
3. Any interruption or cessation of transmission to or from the Site.
4. Errors, omissions, or inaccuracies in the content of the Site.
5. Any third-party content or links to external websites provided on the Site.

Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site or Products shall be limited to the amount you paid for the Products or services giving rise to the claim, or $100, whichever is greater.

1. Exclusions and Limitations

Certain jurisdictions may not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations set forth in this section may not apply to you. In such cases, A Stone Cold Brew Coffee's liability shall be limited to the fullest extent permitted by law.

1. Indemnification

You agree to indemnify, defend, and hold harmless A Stone Cold Brew Coffee, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, violation of these Terms, or infringement of any rights of another party.

1. Force Majeure

A Stone Cold Brew Coffee shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or disruptions in internet or telecommunications services.

1. INDEMNIFICATION
   
   

1. Indemnification Obligations

You agree to indemnify, defend, and hold harmless A Stone Cold Brew Coffee, its affiliates, directors, officers, employees, agents, and representatives (collectively, "Indemnified Parties") from and against any and all claims, liabilities, losses, damages, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:

1. Your use of the Site or any Products purchased through the Site.
2. Your violation of these Terms or any applicable laws or regulations.
3. Your infringement of any intellectual property rights or other rights of any third party.
4. Any user-generated content you submit or transmit through the Site.
   
   

1. Defense of Claims

A Stone Cold Brew Coffee reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. If we do so, you agree to cooperate with us in the defense of such matter. You may not settle any claim or matter without the prior written consent of A Stone Cold Brew Coffee.

1. Indemnification Procedures

To initiate indemnification, A Stone Cold Brew Coffee will provide you with written notice of any claim or legal action that is subject to indemnification. You shall have a reasonable period to respond to such notice and provide the necessary defense. If you fail to respond within the specified time or do not adequately defend the claim, A Stone Cold Brew Coffee may proceed with its own defense and seek reimbursement from you for any costs incurred.

1.  No Limitation of Liability

The indemnification obligations under this section are in addition to any other remedies available to A Stone Cold Brew Coffee under these Terms, at law, or in equity. Indemnification does not limit or affect any other rights or remedies that A Stone Cold Brew Coffee may have against you.

1. CHANGES TO THE TERMS
   
   

1. Right to Modify

A Stone Cold Brew Coffee reserves the right to modify, amend, or update these Terms at any time and for any reason, without prior notice. Changes may be made to reflect updates in our business practices, legal requirements, or other operational needs.

1. Notification of Changes

Any changes to these Terms will be posted on our Site with an updated effective date. It is your responsibility to review the Terms periodically for any updates. Your continued use of the Site following the posting of changes constitutes your acceptance of and agreement to the revised Terms.

1. Effective Date

The revised Terms will become effective immediately upon posting, unless otherwise stated. The most current version of the Terms will supersede all previous versions. The effective date of the most recent version will be indicated at the top of the Terms.

1. Acceptance of Revised Terms

By continuing to access or use the Site after any modifications to these Terms, you acknowledge and agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must cease using the Site and notify us of your intent to terminate any agreements with us.

1. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to reflect the parties' intention as closely as possible, and the remaining provisions shall continue in full force and effect.

1. GOVERNING LAW

1. Choice of Law

These Terms and any disputes arising out of or related to your use of the Site or Products shall be governed by and construed in accordance with the laws of Illinois, without regard to its conflict of law principles.

1. Dispute Resolution

Any disputes, claims, or controversies arising from or related to these Terms, including but not limited to their formation, interpretation, or enforcement, shall be resolved through arbitration conducted in Illinois.

1. Waiver of Jury Trial

To the fullest extent permitted by law, you and A Stone Cold Brew Coffee agree to waive any right to a jury trial in any action or proceeding arising out of or related to these Terms or your use of the Site or Products.

1. No Class Actions

You agree that any disputes or claims shall be brought on an individual basis and not as a class, consolidated, or representative action. You further agree that you will not participate in any class action or representative action against A Stone Cold Brew Coffee.

1. Enforcement

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to reflect the parties’ intentions as closely as possible, and the remaining provisions shall continue in full force and effect.

1. CONTACT INFORMATION

If you have any questions or concerns regarding these Terms, please contact us at:

Email: info@astonecoldbrew.com

Address: 430 E. 162nd Street; 299; South Holland, Illinois 60473