Aloha from Kona Mountain Coffee LLC
To our existing and in addition to NEW Coffee Club Members

Due to the law changes within U.S.A., we are Updating/Revising our Kona Mountain Monthly Coffee Club Subscription Program

Terms and Conditions of Sale

Welcome to the Kona Mountain Coffee Club Program (website hosted by Precis) hereafter also referred to as “we and or “us”. Please review the following terms and conditions concerning your use of and access to website of Kona Mountain Coffee LLC. By Accessing, using, subscribing, purchasing or downloading any materials or content from the Website, you agree to follow and be bound by the following terms and conditions (“Terms & Conditions”). If you do not agree with the Terms & Conditions, you may not use the website.

Access, Compliance

By accessing the Website, you agree to be bound by the Terms & Conditions, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and as such modifications shall be effective immediately upon posting. You agree to review these Terms & Conditions periodically to be aware of any modifications. Continued access or use of the Website shall be deemed conclusive evidence of your acceptance of any and all modified agreement. In order to utilize certain services offered by the Website, you may need to create a subscription or account. You agree to (1) create only one account/subscription; (2) provide accurate, truthful, current and complete information when creating your account/subscription; (3) maintain and promptly update your account/subscription information; (4) maintain the security of your account/subscription by not sharing your password with others and restricting access to your account and your computer; (5) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account/subscription; and (6) take responsibility for all activities that occur under your account/subscription and accept all risks of unauthorized access.

Information on Website

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe any information found on the Website is inaccurate or unauthorized, please inform us by contacting Kona Mountain Coffee LLC. Via “Contact us” link.

USE

Any personal information you submit to the Website is governed by the Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the site whether for purposes of submitting an order or to receive further information, updates and promotions about or related to the Website In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach of these Terms & Conditions: Collecting information about the Website or users of the Website without our written consent; Modifying, framing, rendering (or Re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent. Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, procedure or technique which does the same things, to use, access, copy acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof; Accessing or using the site for commercial or competitive purposes; Disguising the origin of information transmitted to, from, or through the Website. Impersonating another person; Distributing viruses or other harmful computer code; Allowing any other person or entity to impersonate you to access or use the Website; Using the Website for any purpose in violation of local, state, national, international laws using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions. We expressly reserve the right, its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms & Conditions. In addition to violating the Terms & Conditions of the Website, any of the foregoing actions on your part or on behalf of any entity you are employed or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of State and Federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution. Any unauthorized use of any materials contained on the Website may violate copyrights laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password, credit card and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account of password.

Termination

You or we may suspend or terminate your subscription or account or your use of this Website at any time, for any reason. To the extent you have orders pending when you terminate your account or use of the Website, you remain personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

Copyrights and Trademarks

All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images data, content and services are protected by international, federal and state copyrights and trademark laws. The owners of the copyright and trademarks, names, logos and service marks is Kona Mountain Coffee LLC. Its affiliates or respective third party authors, developers or vendors (“Third Party Providers”). Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Kona Mountain Coffee LLC. And/or a Third Party Provider authorized under the direction of Kona Mountain Coffee LLC. Also, you may not mirror or archive any contents displayed on or otherwise accessible for the Website on any other server without the prior express written authorization and or permission directly from Kona Mountain Coffee LLC.

Minors

You are ineligible to use this Website if you are under the age of 14. We do not accept any users who are under the age of 14. If you are under the age of 18, you must have your parent or legal guardian set up your account and your parent or legal guardian agrees to these Terms & Conditions. If you are under the age of 18, your parent or legal guardian’s consent to these Terms & Conditions is ongoing and they hereby warrant that they will review these Terms & Conditions for any changes, and if any occur that they will be in the power of until you reach age 18, at which point you hereby give your consent to these Terms & Conditions.

Pricing Policy

Prices and offers are subject to change at any time.

Sales Tax Policy

In connections with the sales of products, our site collects and remits sales tax that are applicable by U.S. Law

Paying for your order

You may pay for your orders with a major credit and debit cards issued in the United States of America. Currently, we accept MasterCard, Visa, and American Express. Except for subscriptions, credit and debit cards are not charged until your order is process and ready to be shipped to you. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for further information.

Validating your order

After you place an order using our shopping cart or phone order, we will check the information you provide to us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address or phone number which you provided at the time of your order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation

Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

Return Policy

Kona Mountain Coffee is committed to 100% customer satisfaction. If you are not completely satisfied with your coffee order, you may return the order for a full refund of your purchase price, no questions asked. Kona Mountain Coffee takes great pride and aloha in our coffee and we truly hope that every order is to your satisfaction. We hope that Kona Mountain will become your household name for coffee, chocolates and gifts made and from Hawaii but not limited only to the State of Hawaii.

If you are not totally satisfied with your order, the following requirements must be followed for returning merchandise--

All returns must be accompanied by a receipt.
All returned orders must have a return authorization name/number (RA#) from Kona Mountain before being accepted. Any package without an (RA#) will not be accepted at our warehouse. Please call 808-769-5158 to receive a return authorization.
Any coffee and other consumable products returned must be in its original packaging, and contain at least eighty-five percent of its original purchase weight.
All logo clothing returns must be unwashed with tags still attached to garments.
Refunds for returns received within 20 days from the purchase date will be given in the same form as the original payment type. Refunds for returns received after 20 days from the date of purchase will be for store credit redeemable on your next purchase. Your original shipping costs will not be refunded. You are responsible for any costs to return merchandise.
Kona Mountain Coffee is not responsible for lost or damaged returns. For tracking purposes, if you are returning your order via USPS, you must purchase and include Delivery Confirmation,
Signature Confirmation, and/or Return Receipt Requested for each package returned. We strongly suggest you also purchase insurance for the value of each package. If any package you send is not delivered to us for any reason, we will not replace or refund your order.
Please allow approximately 12 business days for your return to be processed once it has arrived at our Kona Mountain Coffee facility.

Shipping Policy

We ship via USPS and Federal Express (rates stated below does not apply to shipping Federal Express). The following issues with orders may arrive with delayed shipping due to but not limited to; Incorrect shipping address, (this includes incorrect zip codes) Incorrect billing/shipping information conflicts, Incorrect international shipping Country Code, Out of Stock products, large order which may delay due to inventory depletion, but not limited to; Mother Nature, possible carrier failure to deliver, and or severe weather conditions. We reserve the right to change the shipping rates without notice. If you order amount is over the last stated shipping rates, please contact our shipping dept. For International Shipping Rates, contact our shipping department phone 808-769-5158 or via email; [email protected]

USPS Shiping Rates Limited/USA Only

Order Total Shipping Charge
$0 - $50.99 $12.00
$51.00 - $100.99 $15.00
$101.00 - $150.99 $18.00
$151.00 - $200.99 $20.00
$201.00 - $300.99 $25.00
$301.00 - $400.99 $30.00
$401.00 - $500.99 $40.00
$501.00 - $600.99 $50.00
$601.00 - $700.99 $60.00
$701.00 - $800.99 $70.00
$801.00 - $900.99 $80.00
$901.00 - $1000.99 $90.00

 

Conflicts

Shall a conflict or inconsistencies exist between these Terms & Conditions any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.

Severability

Any provision of the Terms & Conditions found to be inoperative will not void and or effect other provisions of this agreement.

Governing Law & Exclusive Venue

Any and all claims relating to or arising out of your use of the Website, including any services offered by or transactions gratified via the Website, shall be governed by the laws of the State of Hawaii and litigated in the County of Hawaii in the state of Hawaii. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the Website shall be subject to the exclusive jurisdiction of the State and Federal courts located in Hawaii County, Hawaii.

Users this notice applies to all users within the United States of America.

Commerce & Consumer Affairs

Hawaii State Government Office
Address: 335 Merchant St, Honolulu, HI 96813
Phone: ( 808) 587-3222
Hours:

Wednesday 7:30AM-4:30PM
Thursday 7:30AM-4:30PM
Friday 7:30AM-4:30PM
Saturday Closed
Sunday Closed
Monday 7:30AM-4:30PM
(Presidents' Day) Hours might differ
Tuesday 7:30AM-4:30PM

 

Multifarious

The Terms & Conditions (together with the Privacy Policy) represent the parties’ entire understanding relating to the use of the Website and supersedes any prior or concurrent, conflicting or additional, communications. We reserve the right to change these Terms & Conditions or policies relating to the Website at any time from time to time, and such changes will be effective upon being posted. You should visit this page from time to time to review the then current Terms & Conditions because they are binding on you. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after such changes and/or postings shall constitute your consent to such changes. If any provisions of these Terms & Conditions are held by a court of competent jurisdiction to be invalid or unenforceable, then such provision (s) shall be construed to reflect the intentions of the invalid or unenforceable provision (s), with all other provisions remaining in full force and effect. You may not assign these Terms & Conditions without the prior written approval of Kona Mountain Coffee LLC Club Program any purported assignment in violation of this section shall be void. Kona Mountain Coffee LLC Club Program reserves the right to use Third Party Providers in the provision of the Website and/or goods service and/or materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs and reasonable costs for the expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Kona Mountain Coffee LLC Club Program.

Ongoing Membership

Your membership will continue until you cancel your membership or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the service. You must cancel your membership before it renews each billing cycle in order to avoid billing of the next cycle fees to your Payment Method.

AUTO Recurring Billing

By starting your Kona Mountain Coffee LLC Club Program membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Kona Mountain Coffee LLC Club Program service to your Payment Method. You acknowledge that the amount billed each cycle may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in in one or more charges.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except, as otherwise expressly provided for these Terms of Use, any price changes to your service will take effect following an email notice to you.

NO Refunds

Payments are nonrefundable and there are no refunds or credits. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future of similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods

You may edit your Payment Method information by visiting our website and clicking My Account, available on the page of the Kona Mountain Coffee LLC Club Program website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment of Method information or cancel your account (see, Cancellation”), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payments Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation

You may cancel your Kona Mountain Coffee LLC Club Program at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY GOODS OR SERVICES THAT HAVE BEEN OR ARE IN THE PROCESS OF BEING SHIPPED.

Cancellation by calling 1-808-769-5158
Or email;
[email protected]

 

Aloha from Kona Mountain Coffee LLC
To our current existing Coffee Club Members

Limitation of Liability to the Extent allowed by law, in no event shall the massed liability of the Kona Mountain Coffee LLC Club Program exceed $500.00 In no event shall Kona Mountain Coffee LLC Club Program or any third party providers be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these Terms & Conditions, including but not limited to the accessing or use of, or inability to use, the website and the services associated therewith including but not limited to the downloading of any materials, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from which damages are being sought or the third party damages are being sought or the third party provider have been previously advised of the possibility of such damages. The Limitation of liability set forth in this section shall not apply in the event of customer’s breach, or related to its indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “Indemnities”.