Terms of service

Terms of Service
Last Updated: February 28, 2025

Welcome to Beanwave Coffee LLC ("Beanwave," "we," "our," or "us"). By accessing and using our website (www.thebeanwavecoffee.com) and purchasing our products, you agree to comply with the following Terms of Service. Please read them carefully.

1. General Terms

1.1. These Terms govern your use of our website and services. 1.2. By purchasing from us, you confirm that you are at least 18 years old or have permission from a legal guardian. 1.3. We reserve the right to modify these Terms at any time. Changes will be posted on our website.

2. Products and Orders

2.1. Our coffee products are sold subject to availability. We reserve the right to discontinue or limit product availability at any time. 2.2. We strive for accuracy but do not guarantee that product descriptions, pricing, or images are error-free. 2.3. Once an order is placed, it cannot be modified or canceled after processing. 2.4. We reserve the right to refuse or cancel orders at our discretion, including those suspected of fraud.

3. Shipping Policy

3.1. We currently ship within the United States. Shipping times vary depending on the destination and the shipping method selected at checkout. 3.2. All orders are processed within 2-5 business days. Once shipped, delivery typically takes between 5-10 business days, depending on your location. 3.3. Orders may be subject to delays due to factors beyond our control, such as carrier delays or supply chain disruptions. 3.4. Tracking information will be provided via email once your order has been shipped. 3.5. We are not responsible for lost, stolen, or damaged packages once they have been handed over to the carrier. If you encounter any issues, please contact the shipping carrier directly.

4. Return & Refund Policy

4.1. Due to the perishable nature of coffee, all sales are final. We do not accept returns or exchanges. 4.2. If you receive a defective or incorrect item, you must contact us within 7 days of delivery at hello@thebeanwavecoffee.com with your order number and a description of the issue. 4.3. Refunds or replacements will be issued at our discretion after reviewing the claim. 4.4. We are not responsible for orders lost or damaged in transit. If an issue arises with your delivery, please contact the shipping carrier.

5. Subscription Services

5.1. By subscribing to a coffee delivery plan, you authorize recurring payments until cancellation. 5.2. You can cancel or modify your subscription anytime through your account, but changes must be made before the next billing cycle.

6. Intellectual Property

6.1. All content, logos, and branding on our website are the property of Beanwave Coffee LLC and may not be used without permission. 6.2. You may not copy, distribute, or modify any material from our site for commercial purposes.

7. Limitation of Liability

7.1. Beanwave Coffee LLC is not responsible for any indirect, incidental, or consequential damages resulting from the use of our products or website. 7.2. Our liability is limited to the purchase price of the product in question.

8. Privacy Policy

8.1. Your use of our services is also governed by our Privacy Policy, which outlines how we collect and use your data.

9. Governing Law

9.1. These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. 9.2. Any disputes must be resolved in the courts of Miami, Florida.

10. Contact Information

For questions regarding these Terms of Service, please contact us at:
Beanwave Coffee LLC
18800 NE 29th Ave, Apt 723, Miami, FL 33180
hello@thebeanwavecoffee.com
(310) 773-2544

SMS Marketing Consent:

By consenting to Beanwave Coffee LLC’s SMS marketing at checkout, or by subscribing via our subscription tools, you agree to receive recurring text notifications about your order, including abandoned checkout reminders, text marketing offers, and transactional texts, including requests for reviews. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link provided in our messages. You understand and agree that the primary method to opt-out of our SMS program is to reply with keywords like ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT,’ or use the unsubscribe link. We will honor any other requests that clearly express your desire to opt-out, including phrases like ‘please opt me out.’ While we do not charge for the service, you are responsible for any text message charges imposed by your wireless provider. Message and data rates may apply.

For questions, reply HELP to the number you received messages from, or contact us at hello@thebeanwavecoffee.com.

We may change any phone number or short code we use for the service. You will be notified accordingly. Messages sent to outdated numbers may not be received, and we are not liable for honoring requests sent to old numbers.

Your privacy is important to us. To learn more, read our Privacy Policy [LINK to Privacy Policy].

Arbitration and Class Action Waiver Agreement:

  1. Arbitration Agreement:

By using or purchasing Beanwave Coffee LLC products or services, you agree that any disputes between you and Beanwave Coffee LLC arising out of or relating to: (a) these Terms; (b) your use of Beanwave Coffee LLC’s website or services; or (c) any alleged violation of law, shall be resolved through binding individual arbitration administered by the American Arbitration Association, in accordance with its applicable rules.

Arbitration is a form of dispute resolution where disputes are decided by an independent third party (arbitrator) instead of a court. The arbitrator's decision is binding. Each party is responsible for their own legal costs.

  1. Arbitration Procedures:

Claims will be heard by a single arbitrator. Arbitration will take place in [County, State, USA]. You can attend in person, by phone, or via submitted documents. Arbitration will be governed by the Federal Arbitration Act and applicable state law. If the Federal Arbitration Act does not apply, New York law will govern.

  1. Exclusion from Arbitration:

You can opt-out of arbitration within 30 days of purchasing any Beanwave Coffee LLC products by mailing a written notice to [insert address]. The notice must include (1) your name, (2) address, and (3) a clear statement that you do not wish to resolve disputes via arbitration. This will not affect your relationship with Beanwave Coffee LLC. Make sure Beanwave Coffee LLC receives the notice, and consider sending it by a method that confirms receipt.

  1. Class Action Waiver:

You and Beanwave Coffee LLC agree to resolve disputes individually, not as part of a class action or similar proceeding. The arbitrator may not combine claims from other people, and no class action can occur unless both parties agree in writing.