Commercial Terms of Service
Effective Date: October 28, 2020
These “Commercial Terms” apply to our commercial transactions with you, including your purchase of any product from us, and any use of any Gift Card or use of promotional awards (each of which we refer to as a “Commercial Transaction”). You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a part of the contract between you and Trade. If you do not agree to the Commercial Terms, then you can decide not to complete a Commercial Transaction. These Commercial Terms are incorporated within, and form a part of, our Terms of Service.
The pricing for all products available via the Service are in United States dollars and exclude taxes and shipping costs. We strive to ensure all pricing information is correct. If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product. We may change the price of any product from time to time, and we reserve the right to decrease or increase listed prices without notice. Any increase in cost for any subscription product would not apply until the expiration of your then current subscription term, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that product. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the product subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current subscription term.
You may only place an order for products offered for sale on our Service for personal use, and no Customer is permitted to purchase products to resell to others. Trade reserves the right, in its sole discretion, to not process or to cancel any accepted order, or to limit quantities, for any or no reason.
Trade accepts certain debit and credit cards and may elect to accept other forms of payment (such as Gift Cards) and electronic transfers, for payment of products purchased from the Service (each, an “Accepted Payment Method”), subject to the procedures and rules contained in these Terms and any applicable contract with the provider of the Accepted Payment Method. Accepted Payment Methods may vary from time to time and by country or by certain products of the Service. For most orders, you will not be charged until your order is shipped to you. If an order contains items from multiple vendors, you will typically be charged for the entire order when the first shipment is dispatched. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or delivery charges described as being applicable to the product you are buying. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis. You agree to pay the charges for the product in the currency specified by Trade (or any payment processor from which you may purchase the product) when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies.
When you purchase a product from us and enter a form of payment, you agree that: (i) any payment information you provide is true and accurate; (ii) you are authorized to use the payment method you provide; (iii) we have permission to retain the payment information and method, including all submitted debit and credit card information and other Customer Information, submitted by you and/or your issuing bank or the applicable payment network; and (iv) we have the irrevocable permission to share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your payment, and to grant such firm(s) (and/or one of their respective financial service providers) the rights to collect, use, retain, and disclose such data and information. Please note that your obligation for payment to, and relationship with, such a third party payment processor is a contractual matter between you and such third-party; Trade is not a party to, or responsible on account of, such contract. While we select our payment processors carefully and enter into detailed agreements imposing performance obligations (including confidentiality) on them, we cannot and do not guarantee their performance. We encourage you to provide any feedback regarding any payment processor with which you do business to us, as we value and use your input in determining whether to continue or end such relationships. If you have any concerns or problems with a payment processor, please contact us at SUPPORT@TRADECOFFEECO.COM as promptly as you can.
Trade may offer you the opportunity to purchase a subscription to certain products. If you elect to purchase a subscription that renews automatically, you agree that we may process your Accepted Payment Method without your renewed permission at each applicable billing time, as applicable for the particular product. You may elect to cancel a subscription at any time, but such cancellation will be effective as of the end of the then-current billing period, except as otherwise specifically described in connection with any particular product subscription.
CHANGES TO PAYMENT METHODS AND ACCOUNT INFORMATION
You are responsible for ensuring that your Customer Information, including all payment information (address, debit or credit card number and expiration date), is accurate and up to date. You may change this information at any time by logging into your account through the Trade website, accessing your account page and making the changes or by contacting SUPPORT@TRADECOFFEECO.COM. If you have any difficulty making any change to the payment method, you must notify us by contacting SUPPORT@TRADECOFFEECO.COM and demonstrating to our satisfaction your authority to change the payment method used for the Service.
If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for any recurring subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card or other payment method.
We charge and collect sales and other applicable taxes for online transactions based on shipping address and as required by applicable laws and regulations. An estimate of these taxes will be provided during your ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax. If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes. You cannot assume that your purchase is exempt merely because it is made over the internet or because we do not charge you any tax on your order. You are solely responsible for your compliance with applicable tax laws and regulations.
No sales tax is charged when purchasing Gift Cards; however, purchases paid for with Gift Cards may be subject to tax.
Shipping Costs and Timing
Our standard shipping fee is $2 per bag of coffee, though this is subject to change without notice, and otherwise prices vary depending upon the product(s) purchased; shipping charges may be waived with or without a Promotional Code, in our sole discretion. We provide free shipping on certain orders, as indicated during checkout, to most destinations in the United States.
In some cases, certain delivery options may not be available, may require additional shipping fees or may take longer than anticipated. Items subject to these additional shipping and delivery charges will be displayed during the ordering process and may not be eligible for any reduced or free shipping offer. Coffee orders are typically roasted-to-order and shipped out based on the roaster’s roasting schedule for the individual product selected. Roasting frequency varies widely by roaster and may significantly impact the expected time period between order to receipt, along with other factors like distance from origin to destination and the selected carrier. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order. Please be advised that deliveries are not typically made on weekends or holidays.
If your order or a part of your order is not able to ship without material delay for any reason, Customer Service will contact you to provide more detail and an estimated shipping date.
Trade will select a shipping carrier and method following checkout for each order. Your shipping cost, if any, will be determined based upon a number of factors, including the items you purchase and, in certain cases, the shipping carrier or method of delivery. We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the site before you confirm your order. This amount will be payable by you in addition to the price, plus taxes, of the products ordered.
Most items will ship via common carrier (such as UPS, FedEx, or USPS) and require a valid shipping address. Some carriers generally will not ship to a P.O. Box or military address. In some cases, single orders will be split between multiple carriers.
Coffee and any other perishable products we offer are not eligible for returns. However, on a case-by-case basis following consultation with Customer Service, we may choose to refund some portion, or the entire value of coffee purchased through our website.
Unless otherwise noted at the time of purchase, equipment you purchase from the Service may be eligible for return if the item is in its original condition, unused, unwashed, unaltered and undamaged. Items must be in the original packaging (including, if possible, the original delivery box) and be accompanied by a copy of the invoice for such purchase. You must return any eligible item within thirty (30) calendar days of the date on which such product was delivered to you. Gift Cards are not eligible to be returned. In addition, certain products may be covered by a manufacturer’s warranty, in which case the eligibility of return for a warranty claim is governed by such manufacturer’s warranty terms.
To return an eligible item, you must obtain a return label by contacting Customer Service at SUPPORT@TRADECOFFEECO.COM. You may return any eligible equipment purchased via the Service for a refund. If your returned item is received within the prescribed time period, and satisfies a confirmatory inspection, in most cases your refund will be processed, and a credit will be automatically applied to your original method of payment. For returns of products purchased during certain promotional events, your refund may be credited in the form of an electronic Gift Card, as noted at the time of purchase. Depending on your Accepted Payment Method, a refund may take an additional 2-10 business days after the credit is applied to post to your account. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price plus applicable sales tax (if any). If a Gift Card was utilized in the original purchase, we will issue a new Gift Card for the value of the return refund. If the credit card used in connection with the purchase is expired or invalid, the refund will transfer over to your new card if it is with the same bank. If this is not possible, we will issue a check to the billing address on the credit card.
Trade may from time to time offer, directly or through a third party, Gift Cards for sale that represent certain cash value to be redeemed in the Service (a “Gift Card”). Each such Gift Card may be subject to specific terms or conditions, in which case those terms and conditions shall supersede anything in these Commercial Terms. Otherwise, the following provisions (in addition to the other Commercial Terms) shall apply:
- No fees are imposed on Gift Cards, and if purchased, they do not expire.
- Certain Gift Cards that are not purchased are considered Promotional Codes and governed by separate terms and conditions.
- Gift Cards can only be redeemed at the Trade website toward the purchase of products available thereon. They cannot be applied to any orders previously placed or be redeemed for other Gift Cards.
- Gift Cards are nontransferable and may not be returned or redeemed for cash (except as required by law).
- If you apply your Gift Card balance towards the payment of a product with a price less than such Gift Card balance, the surplus balance will continue to be available on the Gift Card and can be redeemed against a subsequent order. If your Gift Card balance is insufficient to pay the cost of any product, you must pay the unpaid portion with another Accepted Payment Method. You may check your Gift Card balance on the Trade website or by contacting us at SUPPORT@TRADECOFFEECO.COM.
- To redeem a Gift Card you must enter the Gift Card information during checkout.
- If you return any item you purchased using a Gift Card, the amount paid using a Gift Card will be issued to you on a new Gift Card and will be eligible for redemption against a subsequent order.
- Electronic Gift Cards will be emailed to the recipient after payment has been processed, and physical Gift Cards will be shipped in accordance with our Shipping and Delivery Policy. A confirmation will also be sent to the purchaser.
- Delivery of an electronic Gift Card to an incorrect or non-existent email address provided by the purchaser of the Gift Card is the sole responsibility of the purchaser, and Trade shall have no obligation to replace or reissue such Gift Card. We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
- Sales tax and shipping charges are applicable to any item purchased with a Gift Card.
- We reserve the right to refuse, cancel or hold for review Gift Cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of Gift Card policies.
Trade may, from time-to-time, offer the opportunity for Customers (each, a “Gift Buyer”) to purchase, as gifts for third parties (each, a “Gift Recipient”), the number of coffee bags selected by the Gift Buyer, at one of the available price points per Gift Bag (as defined below) as selected by the Gift Buyer.
“Regular Gift Bags” are available for purchase at Twenty Dollars ($20.00) per Regular Gift Bag, in increments of two (2) Regular Gift Bags, three (3) Regular Gift Bags, six (6) Regular Gift Bags, nine (9) Regular Gift Bags, twelve (12) Regular Gift Bags and twenty-four (24) Regular Gift Bags, respectively.
“Gift Journey Gift Bags” (and together with the Regular Gift Bags, the “Gift Bags”) are available for purchase at Sixteen Dollars ($16.00) per Gift Journey Gift Bag, Twenty Dollars ($20.00) per Gift Journey Gift Bag and Twenty-Four Dollars ($24.00) per Gift Journey Gift Bag, in increments of three (3) Gift Journey Gift Bags, five (5) Gift Journey Gift Bags and seven (7) Gift Journey Gift Bags, respectively.
Where a Gift Buyer purchases Gift Bags for a Gift Recipient, the Gift Buyer will be charged for the number of Gift Bags purchased, at the price point of the Gift Bags selected by the Gift Buyer. A confirmation email will be sent to the Gift Buyer. Gift Bags will be shipped in accordance with our Shipping and Delivery Policy.
“Ultimate Custom Roast Experience” is available for a price of Five Thousand Dollars ($5,000.00). In connection with Ultimate Custom Roast Experience, the applicable Gift Recipient shall receive the following: (a) a one-on-one consultation with one of the three (3) participating coffee roasters (each, a “Roaster”) as selected by the applicable Gift Buyer; (b) a customized coffee blend created by the applicable Roaster based on her/his/its consultation with the Gift Recipient (“Customized Blend”); (c) samples of the custom blend for the applicable Gift Recipient to taste and offer critique on; and (d) fifty (50) twelve ounce (12oz) bags containing the eventual Customized Blend, with customized packaging to be designed in collaboration with the applicable Roaster. The Gift Recipient may elect to receive the bags in one shipment, or two (2) separate shipments. Upon purchase of an Ultimate Custom Roast Experience, Trade will send a confirmation email to begin the Ultimate Custom Roast Experience process. Please be aware, you must redeem your Ultimate Custom Roast Experience prior to August 30, 2021. Please note, there is a limit of three (3) Ultimate Custom Roast Experiences that may be involve each Roaster. Trade will pay one hundred percent (100%) of the profits derived from sales of the Ultimate Custom Roast Experience to the non-profit(s) to be selected by the applicable Roaster(s).
In addition to the foregoing, the following provisions shall apply:
- The Gift Recipient’s right to receive the gifted Gift Bags will not expire.
- The Gift Bags and the Ultimate Custom Roast Experience are nontransferable and may not be returned or redeemed for cash (except as required by applicable law); provided, however, that, where a Gift Recipient is not satisfied with the Gift Bags that she/he receives from a Gift Buyer, that Gift Recipient may opt to receive a credit instead of any subsequent Gift Bags (“Service Credit”). The Service Credit can be used to purchase any products available for sale via the Service. The Service Credit shall be in an amount equal to the purchase price paid by the Gift Buyer for the subject Gift Bags, less the purchase price value of any Gift Bags already received by the applicable Gift Recipient. Notwithstanding the foregoing, Gift Bags purchased in twelve (12) Gift Bag and twenty-four (24) Gift Bag increments may come with an additional promotional offer. The approximate retail value of the promotional offer will not be added to the Gift Recipient’s Service Credit under any circumstances.
- If you apply your Service Credit balance towards the payment of a product with a price that is less than such Service Credit balance, the surplus balance will continue to be available in your account and can be redeemed as part of the payment for a subsequent order. If your Service Credit balance is insufficient to cover the cost of any product purchase, you must pay the remaining portion of the purchase price with another Accepted Payment Method. You may check your Service Credit balance on the Trade website or by contacting us at SUPPORT@TRADECOFFEECO.COM.
- To redeem Service Credits, you must enter your applicable Service Credit information during checkout.
- If you return any item that you purchased using Service Credits, the amount paid using Service Credits will be re-applied to your Service Credit balance and will be eligible for redemption against a subsequent order.
- Service Credit-related notifications will be emailed to the email address provided by the Gift Recipient.
- Sales tax and shipping charges apply to any item purchased with Service Credits.
- We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any orders paid for through use of Service Credits for suspected fraud, for Service Credits mistakenly issued in an incorrect denomination, or for other violations of the Service Credit policies, in whole or in part for any reason or no reason, to the extent permitted by applicable law. If we suspect misuse of Service Credits, such Service Credits may be suspended or terminated .
PROMOTIONS AND PROMOTIONAL CODES
Trade may from time to time offer certain promotions or make available, directly or through a third party, Gift Cards or promotional codes or coupons that may be redeemable for a specified product or a discount off the price of one or more products for a fixed period of time (individually, a “Promotional Code” and collectively, “Promotional Codes”). Each such promotion (a “ Promotion”) may specify terms or conditions applicable to such Promotion, in which case those terms and conditions shall supersede anything in these Commercial Terms. Otherwise, the following provisions (in addition to the other Commercial Terms) shall apply:
- In order to utilize a Promotional Code, you must have a registered account in the Service and use the registration or redemption process, and satisfy any eligibility requirements, established by Trade in connection with the Promotion.
- Promotions may have an expiration date or special terms, as indicated at the time and place of issuance, after which time such Promotions are void. Trade is under no obligation to accept expired or otherwise invalid or void Promotional Codes.
- Promotions can only be redeemed at the Trade website toward the purchase of products available at the website during the Promotional period. They cannot be applied to any orders previously placed or be used toward the purchase of Gift Cards.
- Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law). Trade is under no obligation to provide any compensation in connection with Promotional Codes that are lost or expired.
- If your order total is less than the value of the Promotion, the remaining balance of the Promotional Code will be forfeited and may not be redeemed against subsequent orders, subject to any expiration or other restrictions applicable to the specific Promotional Code. You may check your Promotional Code balance on the Trade website or by contacting us at SUPPORT@TRADECOFFEECO.COM.
- To redeem a Promotional Code you must enter the Promotion information when prompted during checkout. Additional restrictions may apply, as indicated at the time of issuance.
- If the purchase price of the product(s) purchased exceed(s) the value of your Promotional Code, the excess amount must be paid by another Accepted Payment Method.
- If you return any item you purchased using a Promotional Code, the amount paid using a Promotional Code will not be reissued to you and will not be eligible for redemption against subsequent orders.
- Please take care in handling and using any Promotional Code, as Trade is not responsible if a Promotional Code is lost, stolen, misdelivered, destroyed or otherwise used incorrectly.
- Sales tax and shipping charges are applicable to any item purchased with a Promotional Code.
- We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders paid for by Promotional Code for suspected fraud, for Promotional Codes mistakenly issued in an incorrect denomination, or for other violations of the Promotion policies, in whole or in part for any reason or no reason, to the extent permitted by law. If we suspect misuse of a Promotion, it may be suspended or terminated.
- Please note that Promotions are not Gift Cards, and the terms and conditions may vary.
- Trade has no responsibility with respect to any third-party product or service provided, or any marketing claim or promotional offer made, by a third party. Trade has no obligation to provide you with any compensation, or to modify the Promotion or the Promotion requirements in connection with any Promotion you obtained from a third party that was acting improperly.
- Trade may elect in its discretion not to permit the application of any Promotional Code for payment of certain products available at the Trade website.
- Unless you have a separate contract with Trade permitting you to distribute Promotional Codes, you are prohibited from selling or otherwise distributing or transferring Promotional Codes. Trade reserves the right to invalidate any Promotional Codes that have been improperly issued or distributed, and we do not owe you any compensation with respect to such Promotional Codes.
FIRST MATCH GUARANTEE
You have seven days (the “Trial Period”) from the purchase of your first subscription order to receive and try the first coffee (“First Match”). If during the Trial Period, your First Match is unsatisfactory, you may contact Trade Coffee Customer Support via phone to be personally matched to a free second bag (“Second Match”).
Free Second Match bags can only be redeemed as part of an active subscription. The First Match Guarantee is limited to first time subscribers, one per household.
If you do not redeem your Second Match prior to your second subscription order being automatically placed, your second order will not be cancelled nor will the cost be refunded.
Because all coffee is roasted to order, Trade does not accept returns.
Trade reserves the right to deny First Match Guarantees.