Terms of Use

Introduction

These Terms of Use ("Terms") govern your access to and use of the San Marco Coffee, Inc. website, located at SanMarcoCoffee.com ("the Site"), and any products, services, or content provided through the Site. Throughout these Terms, "San Marco Coffee" refers to San Marco Coffee, Inc.

Changes to the Terms

San Marco Coffee reserves the right to modify or update these Terms at any time without prior notice. Your continued use of the Site after any changes have been made constitutes your acceptance of the updated Terms.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices regarding the collection, use, and disclosure of personal information.

Electronic Communications

By visiting the Site or communicating with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt-out of receiving promotional communications from us by following the unsubscribe instructions in those communications or by contacting us.

Text Message (SMS) Sign-In Program

One-Tap Login is an optional service that texts a one-time security code to your mobile phone so you can sign in without a password. By entering your mobile number and checking the consent box, you agree to receive these codes from San Marco Coffee by text message. Codes are sent only when you request one; message frequency varies. Message and data rates may apply; contact your mobile carrier for details. Mobile carriers are not liable for delayed or undelivered messages. The service is available for United States and Canadian mobile numbers. You may opt out at any time by replying STOP to any message or by removing your mobile number on the One-Tap Login page in your account; you can always sign in with your password instead. Reply HELP to any message or Contact Us for assistance. If you change or deactivate your mobile number, please update your account promptly.

Copyright and Trademarks

All content included on the Site, such as text, graphics, logos, images, and software, is the property of San Marco Coffee or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of San Marco Coffee and is also protected by U.S. and international copyright laws.

License and Site Access

San Marco Coffee grants you a limited license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of San Marco Coffee.

User-Generated Content

By submitting any content to the Site, such as product reviews or comments, you grant San Marco Coffee a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant San Marco Coffee the right to use the name that you submit with any content, if any, in connection with such content.

Account Creation and Security

To access certain features of the Site, you may be required to create an account. You must be at least 18 years old to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify San Marco Coffee immediately of any unauthorized use of your account or password, or any other breach of security.

Auto Orders

Auto Orders is an optional feature that lets you schedule recurring purchases of eligible coffees. When you create an Auto Order you choose the products and quantities, a delivery frequency, a shipping address, and a saved payment card, and you authorize San Marco Coffee to place and charge each future order on that schedule using that card until you pause or cancel. Your confirmation email records the key details of your first order and recurring schedule.

Before each Auto Order we email you a reminder that shows the exact total of the upcoming order, including shipping and tax, along with the ship date, the date your card will be charged, and the last date to edit or skip that order. Your card is charged a set number of business days before the ship date, as shown in the reminder. You will never be charged more than the total shown in your most recent reminder for that order. If the total of an upcoming order rises after a reminder has been sent, for example because you added a product or a price changed, we send an updated reminder and charge only after it. Lower totals do not require a new reminder.

You can edit, skip, pause, or cancel an Auto Order at any time from My Auto Orders on the Site. Changes saved by an order's edit-by date apply to that order; after that date the order is locked at the total in your reminder and your changes apply to the next order. You may also add a product to a single upcoming order without changing your regular Auto Order, and you may use Ship Now to have an eligible upcoming order charged and shipped sooner. Canceling stops future Auto Orders. If an upcoming order has already entered processing or has been charged, cancellation may not stop that order; any completed order ships as a regular order and is subject to our regular return policy.

If a charge is declined we will retry the card and notify you; if payment still cannot be completed after our notices, the Auto Order is paused, not canceled, and you can resume it after updating your card. You may optionally designate a second saved card as a backup for your Auto Orders. A backup card may be attempted once for an order, immediately after your main card is declined, and we email you whenever it is used. If the backup card is used on two consecutive orders, it becomes the main card for that Auto Order and the previous card is marked for your attention until you update it. A backup card is never used while the outcome of a payment is still being reviewed, and we do not retry a charge when the payment outcome is uncertain.

Auto Order prices follow the Site's current prices at the time each order is charged. The Auto Order discount, any free-shipping threshold, the minimum order amount, the available delivery frequencies, and any weight or quantity limits are shown on the Auto Orders page of the Site and may change from time to time; a change that affects an upcoming order is reflected in the reminder for that order before it is charged. Auto Orders ship to street addresses in the contiguous United States only. Products that become unavailable are handled according to the out-of-stock preference you choose for your Auto Order; if an order can no longer be fulfilled as configured, we notify you and hold it until you make a change.

Auto Orders remain active until paused or canceled by you, or until paused or discontinued by San Marco Coffee as permitted by these Terms, including when payment cannot be completed, when the shipping address or payment card on the Auto Order is no longer valid, or when the Auto Orders feature is withdrawn. San Marco Coffee may decline, limit, or cancel Auto Orders at its discretion, including for suspected fraud or payment disputes.

Shipping and Delivery

Please refer to our Shipping and Delivery information on the Site for details about shipping methods, delivery times, and any shipping fees or restrictions that may apply to certain destinations.

Risk of Loss

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.

Customs and Restrictions

It is your responsibility to familiarize yourself with your country's customs policies and any restrictions that may apply to your order before placing it with us. San Marco Coffee is not responsible for any customs-related charges, including tariffs, surcharges, fees, fines, or penalties that may be imposed on your order. Additionally, San Marco Coffee is not liable for any orders that are confiscated, delayed, or rejected by customs authorities.

Product Images and Descriptions

We strive to provide accurate product images and descriptions on the Site. However, we cannot guarantee that product images or descriptions are accurate, complete, reliable, current, or error-free.

Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to your use of the Site or the purchase of products from the Site shall be governed by and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Charlotte, North Carolina, United States for the resolution of any disputes arising out of or related to these Terms or your use of the Site.

Disclaimer of Warranties and Limitation of Liability

THE SITE, INCLUDING ALL CONTENT, MATERIALS, PRODUCTS, SOFTWARE, AND SERVICES PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. SAN MARCO COFFEE DOES NOT WARRANT THAT THE SITE, INFORMATION, SERVICES, CONTENT, AND MATERIALS ARE FREE OF VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER HARMFUL COMPONENTS, AND DISCLAIMS ALL LIABILITY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE.

IN NO EVENT SHALL SAN MARCO COFFEE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, EVEN IF SAN MARCO COFFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed replaced by a valid, enforceable provision that most closely reflects the original intent of the parties.

Accessibility

At San Marco Coffee, we are committed to ensuring that our website is accessible to everyone, including individuals with disabilities. We strive to meet the highest standards of accessibility and usability to provide an inclusive experience for all our customers. For more information, please review our Accessibility Statement. If you encounter any accessibility issues or have suggestions for improvement, please contact us.

Contact Information

If you have any questions or concerns about these Terms or encounter any accessibility issues, please Contact Us or email us at .