TERMS & CONDITIONS

 

Terms of trade

1. Definitions
1.1 Bean Shot shall mean Bean Shot Coffee Ltd (Company Reg No 8359271, United Kingdom), its successors and assigns or any person acting on behalf of and with the authority of Bean Shot Coffee Ltd.
1.2 Customer shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Bean Shot to the Customer.
1.3 Guarantor means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 Goods shall mean Goods supplied by Bean Shot to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Bean Shot to the Customer.
1.5 Services shall mean all Services supplied by Bean Shot to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 Price shall mean the price payable for the Goods as agreed between Bean Shot and the Customer in accordance with clause 3 of this contract.

2. Acceptance
2.1 Any instructions received by Bean Shot from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by Bean Shot shall constitute acceptance of the terms and conditions contained herein and shall constitute full acceptance of instructions from the Customer.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer, the terms and conditions are binding and can only be amended with the written consent of Bean Shot Coffee Ltd.

3. License
3.1 Unless otherwise stated, Bean Shot Coffee Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
3.2 You may view, download for caching purposes only, and print pages or video content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
3.3 You must not:

  • Republish material from this website (including republication on another website);

  • Sell, rent or sub-license material from the website;

  • Show any material from the website in public;

  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • Edit or otherwise modify any material on the website; or

  • Redistribute material from this website [except for content specifically and expressly made available for redistribution or sharing].

4. Price and Payment
4.1 Bean Shot reserves the right to change the Price in the event of a variation to any Bean Shot price quotation.
4.2 Any national, state or local taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

5. Delivery of Goods
5.1 At Bean Shot’s sole discretion, delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at Bean Shot’s address or affiliate of Bean Shot; or
(b) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by Bean Shot or Bean Shot’s nominated carrier).
5.2 At Bean Shot’s sole discretion, the costs of delivery are:
(a) included in the Price; or
(b) in addition to the Price; or
(c) for the Customer’s account.
5.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged, then Bean Shot shall be entitled to charge a reasonable fee for re-delivery.
5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 The failure of Bean Shot to deliver shall not entitle either party to treat this contract as repudiated.
5.6 Bean Shot shall not be liable for any loss or damage whatsoever due to failure by Bean Shot to deliver the Goods (or any of them) promptly or at all.

6. Risk
6.1 If Bean Shot retains ownership of the Goods, nonetheless, all risk for the Goods passes to the Customer on delivery.

7. Title
7.1 Bean Shot and the Customer agree that Bean Shot’s ownership of the Goods shall not pass until:
(a) the Customer has paid Bean Shot all amounts owing for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to Bean Shot in respect of all contracts between Bean Shot and the Customer.
7.2 Receipt by Bean Shot of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then Bean Shot’s ownership or rights in respect of the Goods shall continue.

8. Customer’s Disclaimer
8.1 The Customer hereby disclaims any right to rescind, or cancel any contract with Bean Shot Coffee Ltd or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Bean Shot, and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.

9. Defects
9.1 The Customer shall inspect the Goods on delivery and shall, within three (3) days of delivery (time being of the essence), notify Bean Shot of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Bean Shot an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions, the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Bean Shot has agreed in writing that the Customer is entitled to reject, Bean Shot’s liability is limited to either (at Bean Shot’s discretion) replacing the Goods, repairing the Goods, or a store credit.

10. Returns
10.1 Returns will be accepted up to 10 days after delivery; however, no refunds will be issued, store credit only.

11. Applicable Law
11.1 This site is created and controlled by Bean Shot Coffee Ltd in the jurisdiction of the United Kingdom. As a result, the laws of the United Kingdom will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

12. Warranty
12.1 For Goods not manufactured by Bean Shot, the warranty shall be the current warranty provided by the manufacturer of the Goods. Bean Shot shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
12.2 To the extent permitted by statute, no warranty is given by Bean Shot as to the quality or suitability of the Goods for any purpose, and any implied warranty is expressly excluded. Bean Shot shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

13. Limitation of Liability
13.1 To the fullest extent permitted by law, Bean Shot Coffee Ltd shall not be liable for any indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits, goodwill, or data) arising out of or in connection with the supply of Goods or Services, even if Bean Shot has been advised of the possibility of such damages.
13.2 Bean Shot Coffee Ltd's total liability under this agreement shall not exceed the total value of the Goods or Services supplied under the specific transaction giving rise to the claim.

14. Force Majeure
14.1 Bean Shot Coffee Ltd shall not be held liable for any failure or delay in performing its obligations under this agreement where such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, governmental actions, natural disasters, or supply chain disruptions.
14.2 In such an event, Bean Shot Coffee Ltd shall notify the Customer as soon as reasonably practicable and shall use all reasonable endeavours to mitigate the effects of the force majeure event.

15. Cancellation Policy
15.1 Orders may only be cancelled by the Customer with the prior written consent of Bean Shot Coffee Ltd.
15.2 If the Customer seeks to cancel an order after Goods have been dispatched or Services have commenced, the Customer shall remain liable for the full Price unless otherwise agreed in writing by Bean Shot Coffee Ltd.
15.3 Bean Shot Coffee Ltd reserves the right to cancel any order at its sole discretion if the Customer is in breach of this agreement or if circumstances arise that make the fulfilment of the order impracticable.

16. Privacy and Data Protection
16.1 Bean Shot Coffee Ltd collects, processes, and stores personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
16.2 Personal data provided by the Customer shall only be used for the purposes of fulfilling orders, processing payments, and marketing activities where consent has been given.
16.3 The Customer has the right to access, rectify, or request the deletion of their personal data by contacting Bean Shot Coffee Ltd. A full Privacy Policy can be found on the company’s website.

17. Returns and Refunds
17.1 Goods returned by the Customer must be in their original condition, unused, and in their original packaging unless the Goods are defective or damaged upon delivery.
17.2 The Customer shall bear the cost of return shipping unless the Goods are defective or damaged upon delivery.
17.3 Exclusions: Perishable Goods (including coffee) are not eligible for return unless defective or damaged upon delivery.
17.4 Returns are accepted up to 10 days after delivery. No cash refunds will be issued; store credit only, unless otherwise agreed in writing by Bean Shot Coffee Ltd.

18. Intellectual Property Usage
18.1 Wholesale customers or other authorised resellers of Bean Shot Coffee Ltd are granted a non-exclusive, non-transferable licence to use Bean Shot Coffee Ltd's intellectual property, including but not limited to branding, logos, and trademarks, solely for the purpose of marketing and reselling Bean Shot’s Goods.
18.2 The Customer shall not modify, alter, or misrepresent the intellectual property of Bean Shot Coffee Ltd in any way. Any unauthorised use of such intellectual property is strictly prohibited and will constitute a breach of this agreement.

19. Dispute Resolution
19.1 In the event of a dispute arising under this agreement, the parties agree to first attempt to resolve the matter amicably through good-faith negotiations.
19.2 If the dispute cannot be resolved through negotiation, the parties agree to mediate the matter before pursuing legal action.
19.3 Any disputes that cannot be resolved through negotiation or mediation shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

20. Termination
20.1 Bean Shot Coffee Ltd may terminate this agreement immediately if the Customer breaches any material term of this agreement, becomes insolvent, or fails to make payment when due.
20.2 Upon termination, all outstanding amounts owed by the Customer to Bean Shot Coffee Ltd shall become immediately due and payable.

21. Custom Orders and Subscriptions
21.1 Custom orders are non-refundable once production has commenced unless otherwise agreed in writing by Bean Shot Coffee Ltd.
21.2 Subscriptions may be cancelled by providing Bean Shot Coffee Ltd with written notice at least 14 days prior to the next billing cycle. No refunds shall be issued for partial subscription periods.

22. Delivery Risk and Insurance
22.1 Bean Shot Coffee Ltd shall not be held liable for delays in delivery caused by third-party carriers or circumstances beyond its control. Delivery times provided are estimates only.
22.2 The Customer may request additional insurance coverage for high-value orders at their expense. Bean Shot Coffee Ltd shall not be responsible for any loss or damage to Goods during transit unless such additional insurance is purchased and the loss or damage is attributable to Bean Shot Coffee Ltd's negligence.