TERMS OF SALE 

 

Acceptance of Terms of Sale 

Please read these Terms of Sale carefully.  By making a product purchase from Swiss Water Decaffeinated Coffee Company USA, Inc. (“Swiss Water USA”) on the <www.swisswater.com> website (the “Website”), you agree that you have read and understand these Terms of Sale, and any posted updates, and that you accept and agree to be bound by them. 

 

Product Shipments 

Products can be shipped to residents of the United States only. Products are shipped directly by the applicable third-party coffee roaster. Expected shipment times are 3- 5 days from the time of order and shipped via USPS, however shipping can take longer depending on the roaster’s schedule or shipping delays.  

On occasion, there will be an issue with your delivery as the result of the shipping carrier. In this case, please reach out to us at info@swisswater.com so that we can look into the status. Please note that Swiss Water USA does not have extended power or control over the tracking or shipping of packages outside what information is provided via Tracking Numbers. Swiss Water USA is not liable for shipping carrier issues or product that the carrier has noted as delivered but the recipient has not received. 

 

Product Descriptions 

Swiss Water USA tries to be as accurate as possible when describing the coffee products that it sells and when showing these products on the Website, but is not liable for any variances or lack of availability. 

 

Account Registration 

In order to make a subscription product purchase, you must register by creating a username and password. In registering, you agree to: (a) provide true, accurate, current, and complete information about yourself; and (b) certify that you are at least thirteen (13) years old. You are responsible for maintaining the confidentiality of your password and account. 

 

Product Returns 

Swiss Water USA does not accept returns. If there is an error or issue with your coffee shipment, please contact info@swisswater.com. 

 

Payment 

Payment for your product purchase is processed using Shopify payment technology and is subject to Shopify’s payment terms and conditions available here. https://www.shopify.com/legal/privacy  

 

Protection of Privacy 

Information you give to Swiss Water USA about yourself is subject to our Privacy Policy. https://www.swisswater.com/privacy-policy/ We encourage you to read and understand our privacy practices before continuing.  At the time of order, we share your name, shipping address, contact information and order details to the applicable third-party coffee roaster fulfilling your order. 

 

Swiss Water Trademark 

The Swiss Water® trademark and logo are trademarks or registered trademarks of Swiss Water USA or its affiliated companies. The third-party coffee roaster names and associated product names are trademarks or registered trademarks of third parties.  

 

Links to Other Sites 

Swiss Water USA does not make representations or warranties about any website that you may be able to access through this Website. Swiss Water USA does not endorse, monitor, or assume any liability for the information provided or activities undertaken by any such website. 

 

Waiver 

Swiss Water USA’s failure to exercise or enforce any right or provision of these Terms of Sale will not be a waiver of such right or provision. 

 

Disclaimer of Warranties 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS AND PRODUCT SALES ON THE WEBSITE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR OF WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOTHE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT WILL SWISS WATER USA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR PURCHASE, EVEN IF SWISS WATER USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SWISS WATER USA’S ENTIRE LIABILITY FOR ANY PRODUCT SALE WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY SWISS WATER USA FROM SUCH SALE. NOTWITHSTANDING THE FOREGOING, THIS DISCLAIMER OF WARRANTY AND LIABILITY SHALL NOT APPLY TO DISCLAIM ANY WARRANTY OR LIABILITY THAT ARISES AS A RESULT OF OUR OWN GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY, OR WILLFUL VIOLATION OF LAW, INCLUDING ANY VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 et seq. AND THE NEW JERSEY CONSUMER FRAUD ACT, N.J.S.A. 56:8-1 ET SEQ. 

 

Indemnification 

Unless otherwise prohibited by law, you agree to defend, indemnify, and hold Swiss Water USA and its affiliated companies, officers, directors, employees, agents, and partners harmless from and against any and all claims, actions, liabilities, costs or damages (including reasonable attorneys’ fees) asserted by any third party arising from or related to YOUR violation of these Terms of sale. 

 

Governing Law 

Unless prohibited by law, these Terms of sale and the relationship between you and Swiss Water USA will be governed by the laws of the State of Washington, without regard to its conflict of law principles.