Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to First Whistle Coffee Co.! The terms “we,” “us,” and “our” refer to First Whistle Coffee Co. First Whistle Coffee Co. operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience.
First Whistle Coffee Co. is powered by Shopify, which enables us to provide our online store and related services.
The following Terms of Service, together with any policies referenced on our website, describe your rights and responsibilities when you use our website, shop our products, or interact with our services.
Please read these Terms of Service carefully. By visiting, interacting with, or using our website or services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our website or services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent to allow any minor dependents to use this website on devices you own, purchase, or manage.
To use certain parts of our website, including placing an order, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.
You are responsible for maintaining the security of any account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to provide accurate product descriptions, images, pricing, and availability information. However, product appearance, colors, packaging, and details may vary from how they appear on your screen due to device settings, display differences, supplier updates, or production changes.
We do not guarantee that the appearance, quality, flavor, packaging, or details of any product purchased will exactly match the images, mockups, or descriptions shown on our website.
All product descriptions, prices, and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time. We may limit the quantities of any products or services that we offer to any person, geographic region, or jurisdiction.
Coffee products, apparel, accessories, and other items may be fulfilled through third-party suppliers or fulfillment partners. Product availability, packaging, and fulfillment timelines may vary.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. First Whistle Coffee Co. reserves the right to accept or decline your order for any reason at our discretion.
Your order is not accepted until we confirm acceptance and process payment. Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests after an order has been accepted or sent to fulfillment.
If we make a change to, cancel, or decline an order, we will attempt to notify you using the email address, billing address, phone number, or contact information provided at the time the order was placed.
Purchases are subject to our Refund Policy, Shipping Policy, and any other policies posted on our website.
You represent and warrant that purchases made through our website are for personal or household use and not for unauthorized commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed and shown in your order confirmation.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs duties, import fees, or other charges that may apply.
We may offer promotions, discounts, or special offers from time to time. Any such promotion may be governed by separate terms and conditions. If there is a conflict between promotion terms and these Terms of Service, the promotion terms will apply.
You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through our store. You agree to promptly update your account and payment information as needed so we can complete transactions and contact you when necessary.
You represent and warrant that you are authorized to use the payment method provided and that all charges incurred by you will be honored by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, fulfillment partners, customs processing, incorrect shipping information, weather, supply chain interruptions, or events outside of our control.
Because products may be fulfilled through third-party suppliers or fulfillment partners, shipping timelines may vary based on product type, availability, destination, and fulfillment process.
Once an order is transferred to the shipping carrier, delivery timing and risk of delay may be outside of our direct control.
Customers are responsible for providing complete and accurate shipping information at checkout. First Whistle Coffee Co. is not responsible for delays, lost shipments, or delivery issues caused by incorrect or incomplete customer-provided shipping information.
For questions about shipping, contact us at firstwhistlecoffee@gmail.com.
SECTION 6 - INTELLECTUAL PROPERTY
Our website, brand, logos, product names, designs, slogans, images, graphics, text, product descriptions, videos, audio, and other content are owned by First Whistle Coffee Co., its affiliates, licensors, or service providers and are protected by applicable intellectual property laws.
These Terms allow you to use our website and services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, transmit, or otherwise use any material from our website without our prior written consent.
First Whistle Coffee Co.’s name, logos, product names, designs, and slogans are trademarks or brand assets of First Whistle Coffee Co. You may not use them without prior written permission.
Shopify’s name, logo, product names, and service names are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans displayed on our website are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to tools, apps, features, integrations, or services offered by third parties. These third-party services are provided “as is” and “as available,” and we do not control or monitor them.
Your use of third-party tools or services is entirely at your own risk and subject to the terms and policies of those third parties.
We may add new features, services, tools, or resources in the future. Such new features will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our website may contain links to third-party websites, services, products, tools, or resources. We are not responsible for examining, evaluating, or guaranteeing the content, accuracy, policies, or practices of any third-party websites or services.
If you choose to access third-party links, you do so at your own risk. We are not liable for any harm, damages, losses, or issues related to your access to or use of third-party websites, products, services, or content.
Questions or concerns regarding third-party products or services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
First Whistle Coffee Co. is powered by Shopify, which enables us to provide our online store and related services. However, any sales and purchases made through our store are made directly with First Whistle Coffee Co.
By using our website, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and First Whistle Coffee Co., including any injury, damage, loss, refund, product issue, shipping issue, or dispute related to products or services purchased from us.
You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with First Whistle Coffee Co.
SECTION 10 - PRIVACY POLICY
All personal information collected through our website and services is subject to our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process personal information about your access to and use of our website in order to provide and improve services. Information you submit may be transmitted to Shopify and other service providers that help operate our store, process payments, fulfill orders, provide analytics, support marketing, or complete other business operations.
Please review our Privacy Policy for more information about how personal information is collected, used, and protected.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, comments, photos, proposals, plans, or other feedback, you grant First Whistle Coffee Co. a worldwide, royalty-free, sublicensable, perpetual license to use, reproduce, modify, publish, distribute, display, and otherwise use such feedback for business, marketing, product development, promotional, and operational purposes.
You represent and warrant that you own or have the necessary rights to provide such feedback and that your feedback does not violate the rights of any third party.
We are not required to maintain feedback in confidence, compensate you for feedback, or respond to feedback.
We may monitor, edit, or remove feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, abusive, or otherwise objectionable.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, product availability, or other details.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may use our website and services only for lawful purposes.
You may not use our website or services:
- For any unlawful or malicious purpose
- To violate any laws, rules, or regulations
- To infringe upon our intellectual property rights or the rights of others
- To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate
- To submit false or misleading information
- To transmit viruses, malware, or harmful code
- To collect or track personal information of others
- To spam, phish, pharm, pretext, crawl, scrape, or use automated data-gathering methods
- To interfere with or circumvent security features of the website
- To impersonate another person or entity
- To use the website in a way that restricts or harms the experience of other users
- To exploit any portion of the website, services, or products without authorization
We reserve the right to suspend, disable, restrict, or terminate access to our website or services if we determine that a user has violated these Terms.
SECTION 14 - AUTOMATED ACCESS AND AGENTS
Automated systems, bots, scraping tools, software agents, or other automated methods may not access, use, scrape, copy, monitor, or interact with our website or services in a way that violates these Terms or interferes with our operations.
We may restrict, block, or limit access by automated tools or software agents at our discretion.
Any automated access must comply with applicable laws, website security measures, robots.txt files, and any access restrictions we apply.
SECTION 15 - TERMINATION
We may terminate or suspend your access to our website or services at any time, without notice, if we determine that you have violated these Terms of Service or engaged in behavior that may harm First Whistle Coffee Co., Shopify, our service providers, or other users.
You will remain responsible for any amounts due up to and including the date of termination.
Sections related to intellectual property, feedback, termination, disclaimers, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy, and other provisions that by their nature should survive termination will continue to apply after termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Our website, services, information, and products are provided for general commercial use and shopping purposes.
Except as expressly stated by First Whistle Coffee Co., our website, services, and products are provided “as is” and “as available,” without any warranties or conditions of any kind, either express or implied.
We do not guarantee that your use of the website or services will be uninterrupted, timely, secure, accurate, or error-free.
We do not guarantee that products will meet your expectations or that product appearance, packaging, taste, availability, or quality will exactly match descriptions, images, or mockups shown online.
Some jurisdictions do not allow limitations on implied warranties, so certain limitations may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, First Whistle Coffee Co., its owners, partners, employees, affiliates, contractors, service providers, suppliers, licensors, and Shopify and its affiliates shall not be liable for any direct, indirect, incidental, punitive, special, consequential, or similar damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from your use of our website, services, or products.
This includes claims related to errors, omissions, product issues, shipping delays, website interruptions, service interruptions, or any other claim related to your use of our website or products, even if we have been advised of the possibility of such damages.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless First Whistle Coffee Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, suppliers, licensors, and service providers from any claims, losses, damages, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from:
- Your breach of these Terms of Service
- Your violation of any law or regulation
- Your violation of the rights of a third party
- Your misuse of our website, services, or products
We may control the defense and settlement of any claim subject to indemnification, and you agree to cooperate in the defense of such claims.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be considered severed from these Terms.
The validity and enforceability of the remaining provisions shall not be affected.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted on our website, constitute the entire agreement between you and First Whistle Coffee Co. regarding your use of our website and services.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not transfer, assign, or delegate these Terms or your rights or obligations under these Terms without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services or products to you shall be governed by and construed in accordance with the laws of the jurisdiction in which First Whistle Coffee Co. is headquartered, without regard to conflict of law principles.
Any disputes shall be handled in the applicable courts located in that jurisdiction, unless otherwise required by law.
This section may be updated once First Whistle Coffee Co.’s business structure and official jurisdiction are finalized.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service on this page at any time.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to the website following the posting of changes to these Terms constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
First Whistle Coffee Co.
firstwhistlecoffee@gmail.com