Terms and Conditions

Terms and Conditions: Last Updated November 23rd, 2022

Terms and Conditions (the “Terms”) apply to any coffee products and/or services that you have received or acquired from VIVA COFFEE ROASTERS LLC (“VIVA”). These terms and conditions are a binding contract between you and VIVA regarding any product or service rendered by VIVA (hereinafter, the “Products”). By purchasing any of our products, you acknowledge that you have read and clearly understood the Terms and Conditions and agree to be bound by the conditions detailed in this binding contract. The Terms include not only the main person completing purchase of the product (“Client”), but also any users or guests using the products or participating in any services provided by VIVA. Payment to VIVA constitutes acceptance of the terms and conditions set out herein.

Coffee Products including Whole Beans, Ground Beans, and Merchandise

Coffee Sales

The product sale is confirmed when (i) the Client makes payment in full for the product, (ii) the payment is accepted by VIVA and (iii) written confirmation is issued from VIVA to the Client via email or a similar notice via an automated system

Payments

Due to the nature of the products, full payment for all products is due at time of purchase, no exceptions.

Returns & Refunds

Due to the nature of the product, no returns or exchanges are accepted or allowed of any kind, no exceptions.

In the case of a quality complaint or issue, the Client will be required to issue a written notice via email or some other formal means of communication within 5 business days after receipt of the product. Quality issues can include: wrong product, incomplete product, contaminated product, or mutilated product beyond reasonable expectations. VIVA will review the claim and provide a response within 5 business days from initial claim. Some considerations on how to handle will include full or partial reimbursement of the amount paid or complete replacement of the product if it is concluded that indeed the quality claim warrants the response.

Merchandise Products

Merchandise Sales

The product sale is confirmed when (i) the Client makes payment in full for the product, (ii) the payment is accepted by VIVA and (iii) written confirmation is issued from VIVA to the Client via email or a similar notice via an automated system

Payments

Due to the nature of the products, full payment for all products is due at time of purchase, no exceptions.

Returns & Refunds

Due to the nature of the product, no returns or exchanges are accepted or allowed of any kind, no exceptions.

In the case of a quality complaint or issue, the Client will be required to issue a written notice via email or some other formal means of communication within 5 business days after receipt of the product. Quality issues can include: wrong product, incomplete product, contaminated product, or mutilated product beyond reasonable expectations. VIVA will review the claim and provide a response within 5 business days from initial claim. Some considerations on how to handle will include full or partial reimbursement of the amount paid or complete replacement of the product if it is concluded that indeed the quality claim warrants the response.

Fulfillment

Fulfillment of our merchandise products can be fulfilled directly by VIVA or in connection through one of our partners such as Squarespace, Printful, Canva, and others. If fulfilled by a partner or 3rd party, the orders will be transferred from our website platform to our partner for fulfillment. Customers can expect orders to be received within 5-8 business days.

Coffee Products including Coffee Tasting Experiences

The coffee experience, event, or product (hereinafter, the “Product”) is confirmed when (i) the Client makes the payment in full for the product, (ii) the payment and booking is accepted by VIVA and (iii) written confirmation is issued from VIVA to the Client. The Client confirming the booking must be 21 years of age or older at time of booking. The Client agrees to provide full, complete, and accurate information as requested by VIVA to confirm such booking. This will include personal sensitive information such as first and last name, address, and email address among others. The Client accepts that he/she will share and inform these Terms with any additional guests or individuals in the same booking. Guests will be required to physically sign these Terms of Service prior to starting the experience. The Terms include not only the main person completing purchase of the product or service (“Client”), but also any users or guests using the products or participating in any services provided by VIVA. Payment to VIVA constitutes acceptance of the terms and conditions set out herein.

Payments

Due to the nature of the products, full payment for all products are due at time of purchase, no exceptions.

Cancellations by the Client

·      If the Client (s) cancels within 24 hrs from booking, a full refund will be provided for 100% of the amount paid

·      If the Client (s) cancels 3 calendar days or more days prior to the day of the event / experience, VIVA will retain 50% of the total price for the experience at the time of booking

·      If the Client (s) cancels 0 – 3 days prior to the day of the event / experience, the cancellation fee is equal to 100% of the total price for the experience at time of booking. This means that no refund will be issued.

·      VIVA will provide an option to re-schedule the event / experience for a later date with a credit for the amount paid at the time of booking. No refunds will be issued.

Cancellation by VIVA

Although we strive to maintain 100% schedule attainment and avoid any disruptions to the bookings or products, there might be instances or reasons of ‘Force Majeure’. These reasons are unusual or unforeseen circumstances outside of the reasonable control of VIVA. VIVA will provide the following options to the Client as listed below provided that the Client has not incurred in negligence or fault.  

(i) Provide a full refund for the monies provided at the time of booking.

(ii) Provide option to re-schedule the same event/ experience to a future date for the same price – no penalty or additional fees. In some cases, future dates might have adjustments in schedule and/or details. The Client will have the right to review the experience details and accept or decline this offer within 3 business days from the date the offer was extended.

VIVA is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the changes or cancellations of the bookings or products.

Inherent Risks and Medical Conditions

Given the nature of the coffee tasting experience, VIVA requires all guests to assess their physical, emotional, and mental condition, including but not limited to hypertension, traumas, previous medical conditions, pregnancy, and any other physical or mental conditions that may be altered or disrupted from participating in a coffee tasting experience. It is fully understood by the Client that a coffee tasting experience will consist of high amounts of hot coffee with temperatures up to 90 Celsius and high caffeine contents. Drinking high amounts of caffeinated drinks can have immediate effects on individuals. The Client is responsible for consulting with their doctors or physicians regarding their condition and suitability to join the experience based on their individual and personal health conditions and history. It is fully understood by the Client that there are inherent risks when drinking high amounts of hot coffee or caffeine during a tasting experience. VIVA is not responsible for any injuries, accidents, or health conditions that arise during or after the experience. VIVA cannot determine your physical, mental, or emotional fitness to join an experience, nor guarantee your ability to successfully complete the experience. If in doubt, please consult your doctor. Persons needing individual assistance for walking, dining, or other personal needs must be accompanied by an able companion and must notify VIVA in writing at the time of booking.

Children

No children under the age of 18 are allowed to participate in the experiences.

Tips

Tips for the facilitator of the experience are not included in the price of the experience / product

Client Behavior

VIVA reserves the right to decline to accept or retain any person as a member of an experience at any time if, in its opinion, any such person represents a danger to him or herself or others or detracts from the enjoyment of the experience. The VIVA experience facilitator can decide at any point to stop the event / experience and leave the venue if he / she deems that the behavior of the guests is not appropriate. No harassment or discrimination of any type will be accepted nor tolerated. If any of these behaviors occur, the event / experience will end and no refund will be provided.

Binding Arbitration

Any dispute concerning, relating, or referring to this Agreement, the website, brochure or any other literature concerning your trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sect 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Ohio law and will take place in Columbus, OH. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. You (and we) waive all rights to a trial by jury.

Website Content

You should assume that all Content on the Site is owned by VIVA. This includes any kind of intellectual property, material, and information, tangible and intangible such as images, pictures, visuals, logos, and art. These cannot be used except as provided in these Terms or in text on the Site, without the prior written permission of VIVA. Content displayed on the Site are either the property of, or used with permission by, VIVA.

Marketing and Promotional Content

While rendering services and/or products, Viva has the right to take pictures, videos, and any other form of content that can and will be used for marketing purposes through all forms of advertisement including but not limited to social media, corporate videos, marketing videos, publications, and any other method for marketing and advertisement. The customer understands that Viva owns all media developed through rendering of services and/or products and authorizes Viva to use it for any marketing or promotional activities while protecting the privacy of the customer.

Use of Site

Our Service may contain links to third-party web sites or services that are not owned or controlled by VIVA. VIVA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that VIVA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. You may not use or download Content for any other commercial purpose without VIVA prior written permission. You may use or download Content for promotion of VIVA tours and/or for personal use.

Contact Us

Please contact us if you have any questions about these Terms and Conditions.