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Conditions of Use

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER  IN ORDER TO PARTICIPATE ON OUR SITE.

1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by ALL 4 COFFEE in its sole discretion. If membership has been revoked, ALL 4 COFFEE reserves the right to refuse application or readmission to the membership program.

4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

16. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

18. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF PIMA COUNTY, ARIZONA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT TUCSON , ARIZONA OR THE DISTRICT OF ARIZONA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by ALL 4 COFFEE, in the State of ARIZONA, USA. As such, the laws of ARIZONA will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.

19. Lapsed Accounts: In order to keep ALL 4 COFFEE membership roster current, if a Member does not access his or her account for a period of 1 year or more, ALL 4 COFFEE may, in its sole discretion, terminate such Member's account. While ALL 4 COFFEE desires to prevent active accounts from being terminated prematurely, ALL 4 COFFEE has no obligation to maintain accounts that appear to ALL 4 COFFEE to have been abandoned. Each Member agrees that failure to access his or her account for 1 year or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.

20. Verify Members' Address: ALL 4 COFFEE reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from ALL 4 COFFEE.

SHIPPING
We ship to Continental US, Hawaii and Alaska ONLY. Our preferred shipper is UPS. All shipping charges include insurance. No PO Box delivery addresses will be accepted. Available items paid with PayPal or Credit Cards usually ship within 1-2 business days. Orders paid with Checks ship when payment clears issuing bank (usually 5-8 days). Special shipping or payment arrangements (different carrier, money transfer to our account, etc.) may be made by contacting us prior to purchase. We will make any effort to accommodate your request.

RETURN POLICIES & PROCEDURES
A majority of the items we sell are fully refundable (exceptions are listed in Special Notes section) however when purchasing the equipment please keep in mind that we are not a retail store with a typical retail counter.  We are an Internet based company that sells directly to the consumer and we do not charge full retail prices. 

BUYERS SATISFACTION
If you are not satisfied with your purchase we will gladly accept  returns  up to  15  calendar days from the receipt of the equipment and issue the refund minus our shipping cost to you. Shipping charges are not refundable unless the return is due to our error. All authorized equipment returns which are in original condition (factory fresh, original cartons) must be shipped prepaid and are subject to a restocking fee (15% on used and 10% on unused equipment) for all returned items (since we buy directly for the manufactures we are also being charged the restocking fee). If the price included shipping the applicable S&H charges will be deducted before calculating the restocking fee.

Please call our office to let us know what you did not like about the machine and a return authorization will be issued within 24 hours. You will then be given instructions as to where to return the machine.  
Machines will not be accepted as returned without a return authorization number. The following terms must be met by you.

  • The products must be returned in new, resalable condition.
  • Return the merchandise to us within 15 days of your original receipt of the order.
  • You must include all packaging materials.
  • Packaging materials must not be torn or damaged. 
  • All manuals and warranty registration cards must be unmarked.
  • Please clean espresso machines and make sure they are free of water before packing (extract water through the group AND steaming wand!)
  • Any programming MUST be reset back to factory default. 
  • You must pay any return shipping expense.
  • Display  the RMA # prominently on the outside of the box to avoid delays to your refund.
  • Ship via UPS insured and keep the copy of your receipt

Upon receipt of the returned merchandise in good order in accordance with the above and within 15 days of original delivery, we will issue credit to your charge account or send you a check within 2 business days.

DEFECTIVE EQUIPMENT
If your think your machine is defective please call us within 5 calendar days from the receipt of the equipment at  520-296-1284. All of our machines have been tested by the manufacturer  or by the importer.  We can usually tell if there is an actual problem with the machine or  if it can be attributed to the user error (in which case we will guide you how to correct it). We will then give you instructions where to return the machine and the procedures for its return for an immediate replacement or a refund.

EXCHANGES
If you have not used the equipment and you wish to exchange it for another item we stock then we will give you full credit for the purchase price only (no restocking fee will be charged). The shipping charges will not be refunded and return shipping charges must be prepaid by the purchaser.

SHIPPING DAMAGE
We suggest that you inspect the package when you receive it from UPS. Report any shipping damage to UPS by calling them at  1-800-742-5877. The UPS wants you to keep  all original packaging (boxes, packing materials) in case they come to inspect the package. Please let us know as soon as possible - defective equipment must be reported to us within 5 calendar days from its receipt. After the UPS issues a claim number we will make arrangement to ship a replacement machine.

SPECIAL ORDER AND COMMERCIAL ITEMS
All orders for commercial equipment are considered Special Order Items and are not subject to cancellation or return

WARRANTY
Unless otherwise noted, warranty terms apply only to merchandise shipped within the USA. Merchandise forwarded to other international locations may not be covered under the warranty. Please check with the manufacturer or warranty provider prior to purchase

LA PAVONI  1 year parts and labor (home machines), 1 year parts (commercial machines). 
CAPRESSO   1 year parts and labor (home machines), 6 months (commecial use). *
JURA-CAPRESSO AUTOMATIC CENTERS   2 year parts & labor or 6000 brewings (whichever comes first) *
(Jura-Capresso Automatic Centers listed under Jura Capresso Special Deals Category carry 1 year or 3000 brewings warranty)

* Capresso & Jura-Capresso Limitations for equipment warranty
This warranty is in effect for the period and usage described above from the date of the first purchase and is limited to the United States of America. The warranty covers all defects in materials or workmanship (parts and labor) including free UPS ground transportation to and from Capresso's repair facilities within the continental United States. For Hawaii and Alaska and any other part of the world freight is not covered by this warranty. Products used outside the Continental United States of America must be returned to the US at the owner’s expense. Shipping expenses, duties and any other charges occurring with sending a repaired or replaced product back to the owner, outside of the US, are the liability of the owner.

SPECIAL NOTES
Unless specified we sell new machines only! Most of the machines we sell are bench tested at the manufacturers. Due to this testing you might find coffee residue in the grinders or traces of water in the boilers, etc. This is done for quality assurance. No buyers satisfaction returns will be accepted on commercial & UL listed machines, marked special order or sale items, store specials and Superautomatic Espresso Centers by Jura-Capresso. Making certain that your premises provide the proper electrical and/or gas supply, that plumbing lines are properly sized, and that doors and passageways will accommodate the equipment is the responsibility of the purchaser.

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