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.
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.
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.
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.
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.
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.
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.
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
|$0 - $50.99
|$51.00 - $100.99
|$101.00 - $150.99
|$151.00 - $200.99
|$201.00 - $300.99
|$301.00 - $400.99
|$401.00 - $500.99
|$501.00 - $600.99
|$601.00 - $700.99
|$701.00 - $800.99
|$801.00 - $900.99
|$901.00 - $1000.99
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.
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 might differ
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.
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.
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.
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”.