TERMS AND CONDITIONS

Welcome to ButlerCoffeeLab.com. Butler Coffee Lab provides for the sale of its Hot Pods (the “Products”) to consumers for household consumption. By using ButlerCoffeeLab.com, you agree, on behalf of yourself and all members of your household and others who may use your sign in to order Butler Coffee Lab products under your account, to the following terms and conditions.

  1. Governing Law. The terms and conditions are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. These laws will apply no matter where in the world you live, but if you live outside the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.  

  2. No Purchase for Resale. This site is intended for the sale of Hot Pods directly to consumers. Purchase for resale is strictly prohibited. If Butler Coffee Lab believes you are involved in purchases for resale it reserves the right to take any action against you, including without limitation, restrict sales to you, cancel your orders, and or suspend or close your account.If you wish to purchase Hot Pods for resale please contact Butler Coffee Lab.

  3. Intellectual Property Ownership. All right, title and interest in this Site and the Products, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works, thereof, shall belong solely and exclusively to Butler Coffee Lab or its licensors, and you shall have no rights whatsoever in any of the foregoing. All design and content featured on the Butler Coffee Lab website and on its Products, including the text, images, photographs, graphics, logos, button icons, audio clips, information, forms, illustrations, descriptions, data and other material and software, as well as the selection, assembly and arrangement thereof, are copyrights, trademarks, trade dress and/or intellectual property that are owned, controlled, or licensed by Butler Coffee Labs. This website in its entirety is protected by copyright and applicable trade dress. Butler Coffee Labs may change, delete or update any content at any time and without prior notice. The content is provided for informational purposes only and is not binding on Butler Coffee Lab in any way except to the extent it is specifically indicated to be so. You may view and use the content only for your personal, noncommercial use, and for shopping and ordering the Products from Butler Coffee Lab, and for no other purpose. Except as provided in the foregoing, Butler Coffee Lab does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, or distribute by any means, method, or process whatsoever, know known or hereafter developed, any of the contract on or transmitted through the Butler Coffee Lab website, including without limitation by transferring, downloading or otherwise copying any content on to any medium device. Any use of the content, except as specifically permitted in these terms and conditions, or as otherwise expressly permitted in the content or in a writing signed by Butler Coffee Lab, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Butler Coffee Lab or its licensors irreparable injury, which may not be remedied at law, and you agree that Butler Coffee Lab and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

  4. Privacy Policy.  Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

  5. Prohibitions.  You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Butler Coffee Lab will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

  6. Terms of Sale. By placing an order with Butler Coffee Lab you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.  Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

    In order to contract with Butler Coffee Lab you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Butler Coffee Lab retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you warrant that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.

    (a)        Our Contract. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order.  This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

    (b)        Pricing and Availability.  Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

    Taxes and delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

    (c)        Payment.  Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

    (d)       Accuracy of Billing and Account Information.  You agree to provide current, complete and accurate purchase and account information for all purchases made from the website.  You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that Butler Coffee Lab can complete your transactions and contact you as needed.  Butler Coffee Lab reserve the right to refuse any order you place with Butler Coffee Lab.  Butler Coffee Lab may, in its 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, and/or orders that use the same billing and/or shipping address.  In the event that Butler Coffee Lab makes a change to or cancels an order, Butler Coffee Lab will attempt to notify you by contacting the e-mail address and/or billing address/telephone number provided at the time the order was made.  Butler Coffee Lab reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

  7. Disclaimer of Liability.  The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Butler Coffee Lab and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

  8. Linking to this Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. 

  9. Indemnity.  You agree to indemnify, defend and hold harmless Butler Coffee Lab, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

  10. Variation. Butler Coffee Lab shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products and/or Services and/or any page of this Website.

  11. Invalidity.  If any part of these Terms or Conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses will remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

  12. Complaints.  We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

  13. Waiver.  If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  14. Entire Agreement.  The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Butler Coffee Lab. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Butler Coffee Lab.