Terms of Sale

Intelligentsia Coffee, Inc. Terms of Sale
Effective Date: March 7, 2024

Welcome to the website (the “Site”, “IntelligentsiaCoffee.com”) of Intelligentsia Coffee Inc. (“Intelligentsia”). Intelligentsia maintains this Site for your personal information, education and communication. Intelligentsia provides its services to you subject to the notices, terms, and conditions set forth in our Terms of Use.

Intelligentsia reserves the right to modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site. Material changes will be posted conspicuously on this Site. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

If you do not agree to this Agreement, do not access or use this Site, and instead contact Intelligentsia in writing or via telephone as set forth below for desired information.

Risk of Loss; Terms of Sale

Please read this carefully before placing any orders on the Site, because you will be bound by the Terms of Sale.

Returns

As always, we have a 30-day return policy. If you are unsatisfied with any purchase you have made with us for any reason, please contact us via the information below for a full refund of the purchase price within 30 days of shipment. Tell us your name, the order number, which items, how many you are returning, and the reason for the return. We will reply to the email with a Return Merchandise Account number and instructions on how to send the items back to us.
We accept Visa, MasterCard, Discover and American Express.

Use of Site

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, Intelligentsia hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Intelligentsia in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Intelligentsia in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Intelligentsia in advance. Intelligentsia reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Intelligentsia believes that customer conduct violates applicable law or is harmful to Intelligentsia's interests.

You may not submit content to the Site or use it in any manner that:

  • Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
  • Is libelous or slanderous;
  • Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;
  • Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
  • Collects others' names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
  • Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;
  • Uses any automated or computerized process we have not previously authorized to access, obtain or download data or content;
  • Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;
  • Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
  • Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorized use of or access to a computer or a computer network; or
  • Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.

We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.

Intelligentsia may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Intelligentsia has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Intelligentsia of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Intellectual Property

Copyright 2011. All rights reserved.

All copyrightable text, graphics, charts, photographs, icons, images, audio, video, software (collectively, “content”), belongs exclusively to Intelligentsia or its Content suppliers. The design, collection, selection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Intelligentsia or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Intelligentsia appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any Intelligentsia trademark or service mark without the express written consent of Intelligentsia is strictly prohibited. You may not use any of Intelligentsia's marks or trade dress in any manner that would lead to confusion as to the source of any product or service, or in any manner that would falsely suggest that Intelligentsia is affiliated with, endorses, or sponsors any product or service. Any unauthorized use of any trade dress, marks or any other intellectual property belonging to Intelligentsia or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, Intelligentsia may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Intelligentsia shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. Intelligentsia makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United States. If you access and use this Site outside the United States you are solely responsible for complying with your local laws and regulations.

Accuracy of Information.

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Intelligentsia makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.

We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Intelligentsia shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Intelligentsia shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Intelligentsia shall immediately issue a credit to your credit card account in the amount of the charge.

No Liability

In no event shall Intelligentsia or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked website or to any material, information, data, products, or services obtained through this Site, or otherwise arising out of your use of this Site, your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials provided on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Intelligentsia has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Intelligentsia shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Intelligentsia shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Intelligentsia shall immediately issue a credit to your credit card account in the amount of the charge.

Third Party Links

This Site may contain links to other sites on the Internet that are owned and operated by third parties. Such links are provided only as a service to our visitors. Intelligentsia is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Site. Intelligentsia has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL “https://www.intelligentsiacoffee.com” and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Intelligentsia; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Intelligentsia’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than Intelligentsia is associated with or sponsored by Intelligentsia; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) Intelligentsia reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

Privacy Policy

By your access and use of this Site, you hereby agree to the terms of the Intelligentsia Privacy Policy, which are incorporated into these Terms of Use by this reference.

SMS Text Marketing

By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Intelligentsia Coffee at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Intelligentsia may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

    Misrepresentations

    The DMCA, 17 U.S.C. § 512(f), provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification to be provided hereunder, please seek advice from knowledgeable counsel. THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.

    Website

    ©1995-2012, Intelligentsia Coffee, Inc, All Rights Reserved.
    All information contained on this site is property of Intelligentsia Coffee unless otherwise noted. Any reproduction without express written consent of Intelligentsia is prohibited.

    Our Address

    Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
    Intelligentsia Coffee, Inc.
    1850 W. Fulton St.
    Chicago, IL 60612
    customersupport@intelligentsiacoffee.com