Conditions of Sale
Last Updated: 08/06/2019
Please review these Conditions of Sale carefully. They include a binding arbitration clause (see section titled “Dispute Resolution”) requiring arbitration of most claims instead of suing in court.
For a detailed description of our Conditions of Sale, please click on the topics below.
- Customer Registration
- Customer Password
- Prices and Delivery Charges
- Verification of Merchandise
- Disclaimer and Limitation of Liability
- Dispute Resolution
- Force Majeure
- Comments and Questions
1. CUSTOMER REGISTRATION
When you register an account on the website, you must ensure that the mandatory registration information you provide is correct and complete. Please inform us about changes of address or other modifications by updating your personal details on the website without delay. You may register only one customer account with Chameleon Cold Brew. Any attempt to register more than one account may result in rejection of your order or membership benefits without prior notice.
2. CUSTOMER PASSWORD
When registering to use the website, you will be asked to create a password. You should keep this password strictly confidential and not disclose it or share it with anyone. You are fully responsible for the use of your password and any orders placed under it, even without your knowledge. If you know or suspect that someone else knows or has used your password, you should notify us immediately.
By placing an order, you make an offer to purchase the products you have selected under these Conditions of Sale. Orders you place are subject to monthly maximum quantity limitations, which are set at our sole discretion. Products offered are limited to available stock. The unauthorized resale of products from the website is strictly prohibited. Customers found to have engaged in the unauthorized resale of products from the website may have their accounts immediately terminated.
We reserve the right to refuse orders for any lawful reason or no reason at all. Orders placed on the website are not confirmed until an order confirmation is sent to you by e-mail. The order confirmation, including payment information, constitutes full proof of the order and the entire transaction.
4. PRICES AND DELIVERY CHARGES
The prices payable for the item(s) you order are those displayed on the website on the date you place your order (as set out in the order confirmation), but excluding any applicable delivery charges. Delivery charges will be billed at the rates indicated on the website on the date you place your order (as set out in the order confirmation). We reserve the right to modify prices and delivery charges at any time and to cancel an order in case of writing, printing or calculation errors.
Confirmed orders will be delivered to the delivery address you specify when placing your order. Delivery tracking may be available in certain locations through third party delivery vendors. The phone number you provide may be used to notify you of delivery and may be visible on the outside of the package delivered.
We strive to ensure deliveries in the timing shown on the delivery option selected and set out in the order confirmation, but do not guarantee delivery times. Our product is shipped out weekly Monday through Wednesday, and orders placed after 2PM ET on Wednesday may not be shipped out that week.
Deliveries can only be made to locations in the United States of America.
6. VERIFICATION OF MERCHANDISE
It is your responsibility to verify the quantity and condition of the merchandise upon delivery. In case you observe damaged or missing items, you must inform us within 7 days after the delivery. In such cases, We may provide you with replacement merchandise in our discretion and may request additional information to support your claim.
Non-consumable merchandise purchased directly from the website can be returned within 30 days from the date of purchase or delivery (if such delivery date is verified through a delivery receipt). The merchandise must be unused, in its original packaging, and you must include all relevant invoices and/or receipts with your return.
Consumable products purchased directly from the website cannot be returned, due to the perishable nature of the product.
Returns made pursuant to the policies above may be sent to the address shown on the packing slip received with the merchandise. If the packing slip is not available or assistance is required, a return may be initiated by calling us at 512−323−0345. The return postage will be at your expense.
Upon receipt of a properly completed return, We will refund you the purchase price (excluding shipping costs) of the returned merchandise within thirty (30) days. We will reimburse your purchase price (excluding shipping costs) for the merchandise in the original form of payment. Incomplete returns will not be processed.
8. DISCLAIMER AND LIMITATION OF LIABILITY
THE PRODUCTS MADE AVAILABLE TO YOU ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS ON THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED, ARISING FROM OR RELATED TO THE PURCHASE OR USE OF ANY PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
9. DISPUTE RESOLUTION
Except for lawsuits to enjoin infringement or other misuse of intellectual property rights, or claims that qualify for small claims court, any dispute or claim relating to the offer, purchase, or sale of any product made available to you through this website will be resolved by binding arbitration, rather than in court. This includes claims involving Nestlé USA and/or any Nestlé USA affiliate, subsidiary, or parent company. The Federal Arbitration Act and federal arbitration law apply to this agreement.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available on the JAMS website at https://www.jamsadr.com/consumer-minimum-standards.
You and We agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and We each waive any right to a jury trial. You and We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
10. FORCE MAJEURE
We will make reasonable efforts to fulfill our obligations. However, we cannot be held responsible for delays or failure to deliver caused by circumstances beyond our reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products. We reserve the right to allocate product supply among customers in a reasonable manner.
11. COMMENTS AND QUESTIONS
For general comments and questions, please contact the Chameleon office:
P.O. Box 4518
Austin, TX 78765 – 4518