Terms of service

Overview

This website is operated by Nossa Familia Coffee ("Nossa Familia Coffee," "we," "us," or "our"). We offer this website, including all information, tools, and services available from it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including the additional terms, conditions, and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before using our website. If you do not agree to all of these Terms, you may not access the website or use any of our services.

Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. Your continued use of the website following the posting of changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 — Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of these Terms will result in immediate termination of your access to the Service.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 — Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information, which is necessarily not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content of it) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 — Products and Services

Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region, or jurisdiction, and to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 — Subscriptions and Automatic Renewal

Some products are offered on a subscription basis. When you purchase a subscription, you are enrolling in a recurring order that renews automatically at the frequency you select at checkout, and your payment method will be charged automatically for each delivery, until you cancel.

You may pause, skip, reschedule, modify, or cancel your subscription at any time, at no cost and with no minimum commitment. Full details of how subscriptions are billed and how to cancel are set out in our Subscription Policy, which is incorporated into these Terms by reference. By purchasing a subscription, you agree to the terms of that policy.

Section 7 — Shipping and Delivery

Shipping methods, processing times, delivery estimates, and our handling of damaged or lost packages are described in our Shipping Policy, which is incorporated into these Terms by reference. We currently ship within the United States only.

Section 8 — Gift Cards and Promotional Codes

Gift cards are redeemable for merchandise on this website only. They are not redeemable for cash except where required by law, cannot be returned or refunded, and do not expire. We are not responsible for gift cards that are lost, stolen, or used without your permission.

Promotional codes and discounts are subject to any terms stated at the time of the offer, may be limited in quantity or duration, may not be combined with other offers unless expressly stated, and may be modified or discontinued by us at any time. Promotional codes have no cash value and may not be applied to prior purchases.

Section 9 — Wholesale and Business Accounts

Wholesale, B2B, corporate gifting, and other business-to-business purchases are governed by the terms of the applicable account agreement, quote, or invoice. Where those terms conflict with these Terms, the account terms control with respect to that purchase.

Section 10 — Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

Section 11 — Optional Tools

We may provide you with access to third-party tools that we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

Section 12 — Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party's policies and practices carefully before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 13 — Intellectual Property

All content on this site — including text, graphics, logos, images, photographs, product descriptions, and the compilation thereof — is the property of Nossa Familia Coffee or its content suppliers and is protected by United States and international copyright and trademark laws. "Nossa Familia" and "Nossa Familia Coffee," together with our logos and product names, are trademarks of Nossa Familia Coffee.

We grant you a limited, revocable, non-exclusive license to access and make personal, non-commercial use of this site. This license does not include the right to resell or make commercial use of the site or its contents; to collect and use product listings, descriptions, or prices; to make derivative use of the site or its contents; or to use data mining, robots, or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any of our trademarks or other proprietary information without our express written consent.

Section 14 — User Comments, Feedback, and Other Submissions

If you send us creative ideas, suggestions, proposals, plans, product reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right, and will not contain libelous or otherwise unlawful, abusive, or obscene material, or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

Section 15 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. California and other state residents can review their privacy choices, including the right to opt out of the sale or sharing of personal information, on our Your Privacy Choices page.

Section 16 — Email and Text Message Communications

By providing your email address, you consent to receive transactional messages from us relating to your orders and account. You may also opt in to receive marketing emails, and you can unsubscribe at any time using the link in any marketing email.

If you provide your mobile phone number and opt in to text messages, you consent to receive recurring automated marketing and transactional text messages from us at that number. Consent is not a condition of any purchase. Message and data rates may apply, and message frequency varies. You can opt out at any time by replying STOP to any message, or reply HELP for assistance. We are not liable for delayed or undelivered messages.

Section 17 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information in the Service, including pricing information, except as required by law.

Section 18 — Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Section 19 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, or that the results obtained from use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nossa Familia Coffee, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms limits or excludes our liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot be limited or excluded under applicable law.

Section 20 — Indemnification

You agree to indemnify, defend, and hold harmless Nossa Familia Coffee and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 21 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

Section 22 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services or any part of them.

Section 23 — Force Majeure

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, utility or telecommunications failures, carrier delays or disruptions, government action, or shortages of raw materials including green coffee.

Section 24 — Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

Section 25 — Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with the policies incorporated by reference, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 26 — Governing Law and Venue

These Terms, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.

You agree that any dispute arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in Multnomah County, Oregon, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking relief in small claims court where the claim qualifies.

Section 27 — Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

Section 28 — Contact Information

Questions about these Terms of Service should be sent to us at hello@nossacoffee.sbs, through our contact page, or by mail at:

Nossa Familia Coffee
3530 NW Saint Helens Rd
Portland, OR 97210
United States