Purchase Agreement
- a) We, and similar expressions, refer to The Coffee Galleria LLC trading as The Coffee Galleria LLC. You, and similar expression, refer to our proposed customer. The customer is the person or entity whose name and address appears on the order as the purchaser of the products.
b) Prices offered remain valid for 30 days from date of the proposal.
c) All prices are in US dollars and The Coffee Galleria only accepts payment in US dollars.
Orders and Specifications
- a) In return for us agreeing to consider your order, you agree that these Terms and Conditions will apply irrespective of the method of payment.
b) We are not obliged to accept any order from you.
c) Where we accept an order from you these Terms and Conditions apply and constitute an agreement by you to purchase the products on the order.
d) You cannot cancel or vary an order without our agreement.
e) If we notify you in writing that the product ordered is out of stock, then you may cancel the order and obtain a refund of any funds paid.
Payment
- a) The price of the products will be set out on the order and the invoice and will include sales tax if applicable. Sales Tax may not be payable on consumables classed as foods which are exempt from Sales Tax.
b) Most credit cards (Visa & MasterCard,Amex) are accepted as payments.
c) Payment terms are to be agreed when you sign or otherwise accept the order and will be either on:
i. Payment prior to delivery.
ii. Terms otherwise agreed between you and us.
d) If you fail to pay the balance of funds owing when it is due, we may:
i. Charge you for all reasonable cost, fees and expenses incurred by us in obtaining payment for the product.
ii. Charge you interest on the amount unpaid at a rate being 2% above the overdraft rate charged by our principal bankers per annum (calculated daily).
iii. Take possession of the products and allow our authorised representative access to your premises to remove the products from those premises.
Delivery
Delivery will be made via a number of partners and the estimated delivery times will be indicated within each specific sale according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section. We charge shipping and handling for each sale you purchase from unless otherwise stated on the website. Due to the nature of our business, we may consolidate orders where possible from more than one sale. For these orders shipping and handling charges will remain unaltered.
Dates specified for delivery are estimates and failure to deliver within the time stated will not entitle you to repudiate this agreement in whole or part.
Warranty
- a) We will repair or replace any item sold if there is any manufacturing defect in material or workmanship within 12 months of delivery. We will choose whether to repair or replace.
b) It is your responsibility and at your cost to deliver the equipment to, and dispatch from our service centre at The Coffee Galleria LLC MDW2 250 Emerald Drive Joliet Illinios, Chicago.
c) Consumable products such as coffee beans, coffee pods, sugar, paper cups or any other ancillary products are not subject to warranty claims.
d) The laws imply various terms and conditions and warranties, which might apply to us supplying goods and services to you. To the extent permissible by law, we exclude all those conditions and warranties. Our liability in relation to goods is limited at our option to the repair or replacement of the goods or the supply of equivalent goods.
e) We are not subject to and you release us from any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the products. You agree that we are not responsible if the products do not comply with any applicable safety standard or similar regulations and we are not liable for any claim, damage or demand resulting from such non-compliance.
Ownership
- a) We remain the owner of the products until you have paid the full price for these products plus any associated charges. If you default in paying any part of the price or associated charge in connection with an order, we may repossess the products supplied under the order. If you re-sell any of the products before becoming the owner, you are acting as our selling agent although only to the absolute minimum extent necessary to protect our ownership.
b) Risk of damage passes to you at completion of the delivery process will pass to you on delivery unless otherwise specified in the Direct Import Goods Clause.
Force Majeure
We will not be liable to you or be deemed to be in breach of the agreement by reason or any delay in performing, or any failure to perform any of the obligations in relation to the products if the delay or failure was due to any cause beyond our reasonable control.
Authority to Leave
By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
The Coffee Galleria LLC and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release The Coffee Galleria LLC from and against all claims, demands, liabilities, losses, costs and expenses if Authority to Leave is selected.
Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear; the courier may leave an attempted delivery card and return the parcel to their depot.
Miscellaneous
- Any notice or other document to be given shall be deemed to be properly given if left or sent by pre-paid post to the last known address of a party and if so posted shall be deemed to be given on the day following posting.
b) The laws of the United Sates of America govern these Terms and Conditions and the parties irrevocably submit to the jurisdiction of Delaware.