1. Cancel or Change Your Order or Shipping Information
Because we strive to ship all orders quickly, there is usually very little lag-time between placing the order and us having it on a truck to ship to you. So, if you wish to TRY to cancel your order please email your cancellation request to [email protected] or call us at 903-796-1877 as soon as possible. However, most orders are “out for delivery” within minutes of them being placed online.
2. Change Your Account Information (Email / Password / Address)
If you wish to edit your account information then SIGN IN to your account. Then choose the link corresponding to what you would like to change. If you have any difficulties please contact one of our customer service agents by emailing us at [email protected] or call us at 903-796-1877.
3. Comments, Complaints and Questions
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of PerkUps.coffee, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of this Agreement, please contact us. If you have questions or comments about our services, feel free to e-mail us at [email protected] or call us at 903-796-1877.
5. Disclaimers and Indemnity
By using the Site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The information contained in this Site is for general guidance on topics selected by PerkUps.coffee. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that PerkUps.coffee and various authors and publishers’ providing such information are not engaged in, and that providing such information does not constitute the rendering of medical, legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute for direct consultation with professional advisors.
This site contains facts, views, opinions, statements, and recommendations of third party individuals and organizations. None of them or PerkUps.coffee (and its affiliated entities, together “The Company”) represents or endorses the accuracy, currency, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement, or information will be at your sole risk. The materials on this site are transmitted and distributed “as is” and appear on the site without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. There is no warranty as to the quality, accuracy, completeness, and validity of any materials on the web site, or that the functions contained on the web site will be uninterrupted or error-free, or that defects will be corrected.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site.
6. Forgotten Account Login or Password
If you forget your password then you will be able to generate a new one from the website. Choose the Sign In link at the top right of the site, then click the “Forgot your Password?” link. You will input your email address and then an email will be sent to you with instructions about resetting a password.
7. Incorrect Item Received or Missing Item
We sincerely apologize for failing to send an item that you ordered or for sending you an incorrect item. Please contact us at [email protected] or call us at 903-796-1877 to report any problems and our customer service agents will help to correct the problem. If the incorrect item is a result of you ordering the wrong product you may return the unopened, unused product at your expense for a full credit of your purchasing price to your account or an issue of a refund.
PerkUps.coffee operates the Site within the United States. The company makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of the State of Texas, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the State of Texas; provided, however, that notwithstanding anything contained in this Agreement to the contrary, the company shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Company’s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the Site, and the Agreement will not be modified, except in writing, signed by both parties.
PerkUps.coffee is not responsible for the content of any sites that may be linked to or from PerkUps.coffee. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from us and we have no control over the content of that other web site. In addition, a link to any other web site does not imply that we endorse or accepts any responsibility for the content or use of such other web site.
10. Notice and Take Down Procedures
If you believe any content present on this Site infringes your copyright, you may request such content to be removed from this Site by contacting PerkUps.coffee’s copyright agent (identified below) and provide the following information:
– A clear statement identifying the works, or other materials believed to be infringed.
– A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
– Sufficient information about the location of the allegedly infringing materials so that PerkUps.coffee can find and verify its existence.
– Your name, telephone number and e-mail address.
– A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
– A signature or the electronic equivalent from the copyright holder or authorized representative.
Company’s agent for copyright issues relating to this Site is M. Hill and may be contacted by email at [email protected] or calling 903-796-1877.
11. Pricing Changes and Errors
All prices are subject to change without notification. In the event of a pricing error, PerkUps.coffee may refuse or cancel any orders placed for that item. We will notify you of any cancellations.
This privacy notice discloses the privacy practices for PerkUps.coffee. This privacy notice applies solely to information collected by this web site. It will notify you of the following: 1) What personally identifiable information is collected from you through the web site, 2) how it is used and with whom it may be shared, 3) What choices are available to you regarding the use of your data, 4) The security procedures in place to protect the misuse of your information, and 5) How you can correct any inaccuracies in the information.
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon on your web browser, or looking for “https” at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
This website is not intended for use by anyone under the age of 18. We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use our Web site only with the involvement of a parent or guardian.
13. Product and Services Information
Most products (and some services) offered on the Site are available in our catalogs, if catalogs are available, however, prices and availability may vary. Prices shown on the Site apply to the products and services on the Site and may change at any time without notice. We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products. The receipt of an e-mail order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to specific individuals or specific re-sellers.
14. Returns Policy
We cannot accept returns on opened packages, used items, or food products. Please call 903-796-1877 or email [email protected] to see if your item is eligible for returning. If we have sent you a wrong or defective item then we will make arrangements to pick the item up and ship out your replacement. Once we receive the products back, we will determine if the products qualify under our return policy then we will credit your account or issue a refund within 14 days based upon this determination. In addition, the return shipping date must be within 60 days of the item’s purchase date. If the incorrect item is a result of you ordering the wrong product you may return the unopened, unused product at your expense for a full credit of your purchasing price to your account or an issue of a refund. The buyer has 14 calendar days to return the unopened, unused product from the date return was initiated. If not returned within 14 calendar days the return request will be closed without refund.
15. Sales Tax
PerkUps.coffee charges the applicable sales tax for orders to be delivered to addresses within Texas and the customer shall be responsible for all sales taxes to be paid. Taxes that appear on your online order are approximate. The actual taxes charged to your credit card will reflect the applicable amount and will be calculated when your order is shipped. It is the customer’s responsibility to pay any taxes due in all other states other than Texas.
16. Shipping Policy
We ship all orders over $25 with free shipping. All customers that place an order either via the company’s website or the telephone, are hereby agreeing to have all of their orders and their associated shipments, shipped without a signature requirement for delivery; unless the customer requests in writing that a signature be obtained by the shipping carrier or the customer’s address uses an apt., unit, or suite, etc. In these cases, we may choose to require a signature in order to aid in the prevention of theft when delivered to apartment type complexes. All customers are hereby agreeing, by placing an order with us, that they understand that they are required to relinquish their right to submit a credit card or debit card charge-back request to their financial institution, due to the customer claiming non-delivery of any shipment which was verifiably delivered to the address on their order, via the shipping carrier’s tracking information. All customers are hereby agreeing, by placing an order with us without a signature requirement, that we do not need to re-ship any shipments to the customer if the shipping carrier’s tracking information states that the package was delivered to the address on the order, even without a signature. For overnight delivery, call 903-796-1877 and speak to a customer service representative. You will be charged actual freight costs for overnight delivery.
17. Site Content and Information
This Site contains information, advice, text, and other materials that are provided for your convenience. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. PerkUps.coffee makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the website does not imply endorsement of that product or publication.
18. Termination of Accounts
The Company may, at its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Company, your sole remedy is to terminate this Agreement.
20. Trademarks, Copyrights and Restrictions
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of PerkUps.coffee or such third party that may own the trademark or copyright of information displayed on this Site.
This Site and all materials on the Site, including, but not limited to, images, product information, documents, forms, contracts, data arrangement, category arrangement & information, page arrangement, formatting, layouts, posts, reviews, video clips, sales information, company information (the “Materials”) is the property of PerkUps.coffee and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by PerkUps.coffee and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from PerkUps.coffee, or any other web site owned or operated by PerkUps.coffee without our prior written permission. However, you may print one copy of an item with a maximum of four total prints per individual or company per year of the product information displayed on the website, provided that they are not used for any commercial purpose other than printing a copy of an item page to telephone in an order to our company alone, and may not be distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of PerkUps.coffee’s copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without our prior written permission. The infringing party will be held accountable for legal damages and the legal fees incurred by PerkUps.coffee to collect those legal damages.
The logo and company slogan “Your Net Savings Store!” are also the property of PerkUps.coffee. All other manufacturer marks, names, and logos mentioned herein are the property of their respective owners. All products and product logos on this site are registered or are generally registered trademarks of their respective manufacturers.
All of your rights and remedies with respect to your order, purchase, possession, and use of the other products and all maintenance, update, warranty, liability, and any other obligations related to the other products, if any, shall be governed by the applicable policies and procedures of those suppliers or manufacturers.
21. Typographical and Image Errors
In the event a product is listed at an incorrect price or contains an incorrect item description or typographical error, entry error or unit of measure information received from our vendors, PerkUps.coffee shall have the right to refuse or cancel any orders placed for said product(s). If your credit card has already been charged for the purchase and the order is cancelled, PerkUps.coffee will immediately issue a credit to your credit card account in the amount of the incorrect price. If the incorrectly priced item(s) or incorrectly packaged item(s) were shipped and delivered to the customer; PerkUps.coffee will pick up the incorrectly shipped items at no charge to the customer, and credit the customer’s credit card in full once the returned shipment is received. Please do not open an incorrectly shipped item(s), as you may be charged for the opened item(s) at the correct pricing. If a customer does not allow one of our shipping carriers to pick up and return the incorrect item(s), the customer will then be charged for the retained item(s) at the correct pricing. All items with incorrect descriptions or product names will only be accepted for return within 60 days of order placement. Please be aware that PerkUps.coffee is not responsible for incorrect product images from vendors. Although we do attempt to make sure that every product image is correct and accurate, some images may be incorrect. Please do not make all purchasing decisions based upon the product image alone.
22. User Information
Your use of PerkUps.coffee’s website or ordering via the telephone using a PerkUps.coffee representative is governed by the policies, terms, and conditions set forth herein. By using this website, or placing your order via the telephone; you indicate your acceptance of, and agreement to be bound by, these terms and conditions. If you do not agree to these terms and conditions, please do not use this site and do not submit any information or orders over the telephone or using this website. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications (written or oral), agreements, purchase orders, or invoices, whether or not such terms or conditions are signed by PerkUps.coffee. PerkUps.coffee reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site. PerkUps.coffee’s website and board community (the “Site”) are currently provided free-of-charge to users who agree to abide by the terms and conditions of this Agreement. PerkUps.coffee reserves the right to change the nature of this relationship at any time, and to revise these guidelines from time to time as it sees fit without notice. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services. Users should check these guidelines periodically. By using the Site after we post changes to these guidelines, you agree to accept those changes, whether or not you actually reviewed them. Entering the Site will constitute your acceptance of these guidelines. If you do not agree to abide by these terms, please do not enter the Site. By placing an order with PerkUps.coffee via any order placement method, you agree to hold the company harmless from any claims, liabilities and expenses, including attorney’s fees and court costs. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 18 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.
PerkUps.coffee passes along to the customer any manufacturers’ warranties applicable to products. However, PerkUps.coffee provides no warranties of any kind. Whether express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose, on the products it sells to customer, and all such warranties are expressly excluded.
Customer’s sole remedy, and PerkUps.coffee’s sole liability for non-conforming goods rejected as provided herein, shall be limited to replacement of the products or, at PerkUps.coffee’s option, refunding the portion of the price of such non-conforming products paid to PerkUps.coffee. In no event shall PerkUps.coffee’s liability for claim, loss, costs of damages relating to any products shipped, stored, sold or delivered hereunder, exceed the purchase price therefore, nor shall the company be liable for any loss, charge or damages resulting from its inability to procure any products.