My Cart: 0 item(s)
Terms & Conditions
This site is operated by New York Gourmet Coffee. The mailing address for New York Gourmet Coffee is 204C N. Fehr Way, Bay Shore, NY 11706.
New York Gourmet Coffee reserves the right to terminate these Terms and Conditions at any time, and may do so immediately, without notice, thereby denying you access to NewYorkGourmetCoffee.com, if in our sole discretion you fail to comply with any Terms and Conditions set forth herein. Furthermore, we reserve the right to refuse working with any user who violates our Terms and Conditions.
USE
By accepting these Terms and Conditions through your use of this Site, you certify that you reside in the United States and are 18 years of age or older. If you are under the age of 18 but at least 14 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. New York Gourmet Coffee does not knowingly collect personal information about children under the age of 14 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 14 and 18, please be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or are unable to comply with) any of these Terms and Conditions, we request you do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. Permission is granted to electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes related to the placement of an order or shopping with New York Gourmet Coffee. Any other use of this Site or content or information contained in this Site is strictly prohibited, unless the written permission of New York Gourmet Coffee first is obtained. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of New York Gourmet Coffee, or its suppliers, and is protected by U.S. and international intellectual property laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited.
By making a purchase from New York Gourmet Coffee, you understand and agree that New York Gourmet Coffee may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.
This Site may contain typographical errors or inaccuracies and may not be complete or current. New York Gourmet Coffee therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
New York Gourmet Coffee, which represents NewYorkGourmetCoffee.com and herein includes page headers, custom graphics, buttons, images and other content on this Site, is subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by New York Gourmet Coffee. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited.
New York Gourmet Coffee does not make any representations or warranties about any Site you may access through this Site. Any such Site is independent from New York Gourmet Coffee, which has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Site. Further, a link between NewYorkGourmetCoffee.com and another Site does not mean that New York Gourmet Coffee endorses that Site. You must make your own independent decisions regarding your interactions or communications with any other Site.
New York Gourmet Coffee does not want to receive confidential, proprietary or trade secret information through this Site (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to New York Gourmet Coffee will be deemed non-confidential. And, by submitting any such information, you are granting New York Gourmet Coffee an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
New York Gourmet Coffee has the right, but not the duty, to monitor and edit or remove any comments or product reviews ("Comments") posted by users on this Site. You are solely responsible for the Comments you post on or through this site, for their accuracy, and for the consequences of submitting and posting those Comments. Also, you should use your own judgment and question information provided by others, and you acknowledge that the use of any Comments posted on the site is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this Site.
Please note that sometimes there may be certain orders we are not able to accept. We solely reserve the right, at our discretion, to refuse or cancel any order for any reason whatsoever. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order has been shipped. Certain instances may result in your order being canceled because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. From time to time, we may require additional information and identification before accepting an order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
We work hard to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. New York Gourmet Coffee cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we solely reserve the right, at our discretion, to refuse or cancel any orders placed for that item.
In the event that an item is mispriced, we may, at our own discretion, do the following:
If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Prices are subject to change without notice.
MERCHANDISE CONTENT
New York Gourmet Coffee attempts to be completely accurate in its product descriptions. However, New York Gourmet Coffee does not warrant that product descriptions or other Content on this Site is accurate. Some content may be inaccurate or incomplete. If you happen to find a product that is not as described, your only solution is to return the product in complete, unused condition.
New York Gourmet Coffee solely reserves the right to determine and limit the number of items purchased per order, per household, and per person. These restrictions can be monitored and administered to orders placed by the same account and the same credit card, as well as for orders using the same billing and/or shipping address. All offers are void where prohibited.
QUESTIONABLE/OBJECTIONABLE CONTENT
You understand that by using this Site or any services provided on the Site, you may come across Content that may be deemed by some to be offensive, indecent or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that New York Gourmet Coffee and/or its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
TERMINATION
These Terms and Conditions are effective until terminated by either you or New York Gourmet Coffee. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. The following sections shall survive any termination of these Terms and Conditions: "Site Security," "Pricing and Content Information," "Number of Items," "Intellectual Property, Copyrights and Trademarks," " Submissions, Reviews and Feedback," "Indemnification," "Termination," “Immediate Termination,” "Disclaimer" "Limitation of Liability," "Jurisdiction," “Export,” “Gift Cards/eGift Cards,” "Enforceability," and "Entire Agreement."
New York Gourmet Coffee reserves the right to terminate these Terms and Conditions at any time, and may do so immediately, without notice, thereby denying you access to any New York Gourmet Coffee site, if in our sole discretion you fail to comply with any Terms and Conditions set forth herein. Further, we reserve the right to refuse working with any user(s) who violates our Terms and Conditions.
DISCLAIMER
This site is provided for public use by New York Gourmet Coffee on an "as is" "as available" basis. New York Gourmet Coffee does not provide representations or warranties of any kind, express or implied, as to the operation of the site, or the information, content, materials, or products included on this site. To the full extent permitted by applicable law, New York Gourmet Coffee disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You the user acknowledge, by your use of the site, that your use of the site is at your own risk and that New York Gourmet Coffee will not be liable for damages of any kind arising from the use of this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of these terms of use. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
With limiting the foregoing, New York Gourmet Coffee does not represent or warrant to the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error. With limiting the foregoing, New York Gourmet Coffee disclaims any liability as to the accuracy or completeness of each item description. All product descriptions originate from the manufacturer of the item. New York Gourmet Coffee makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States. New York Gourmet Coffee assumes no risk or responsibility for your use of any of the content provided on this website
MERCHANDISE AND CONTENT DISCLAIMER
Product information obtained through this website is obtained from claims made by the product's manufacturer. On occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on this website, thus we do not guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
New York Gourmet Coffee assumes no liability for inaccuracies or misstatements about products.
DISCLAIMER ON CUSTOMER REVIEWS
Customer reviews are provided for informational purposes ONLY. Customer reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by New York Gourmet Coffee.
LIMITATION OF LIABILITY
Under no circumstances, or under any legal or equitable theory, whether in contract, tort, strict liability or otherwise, shall New York Gourmet Coffee, or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any direct or indirect loses or damages, whether special, incidental or consequential or otherwise arising out of or in connection with the use of, inability to use, or malfunction of this website. You, the user, will be solely responsible for any damage or loss of data to your computer system or other property that results from the use of this site, including the downloading of any material. New York Gourmet Coffee will not be liable for any damages of any kind arising from the purchase or use of products offered for sale on this site, including but not limited to direct, indirect, incidental, punitive and consequential damages. Some states may limit the ability of vendors to disclaim implied warranties; therefore the language of this paragraph may not apply to you. This comprehensive limitation of liability applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representation of New York Gourmet Coffee has been advised of or should have known of the possibility of such damages.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of New York Gourmet Coffee under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).
If you are dissatisfied with this website or any content on the site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk
ENFORCEABILITY
If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. Therefore, the Terms and Conditions of this site are up for change at our sole discretion and without warning to administer said changes. The failure of New York Gourmet Coffee to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver of any nature and shall not limit New York Gourmet Coffee’s rights with respect to such breach or any subsequent breaches in any way.
JURISDICTION
These Terms and Conditions states shall be governed by and construed under the Laws of New York State without regard to conflicts of law provisions. Any action or proceeding arising out of or related to the use of this Site, or these terms and conditions must be brought in the state or federal courts of New York and you hereby consent to the exclusive personal jurisdiction of such courts.
ENTIRE AGREEMENT
These terms of use states and represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these terms of use are for reference purposes only and in no way define or limit the scope of the section.
TERMS AND CONDITIONS MAY CHANGE
New York Gourmet Coffee reserves the right to update or modify these Terms and Conditions at any time without prior notice. Use of this website by you following any such change constitutes your agreement to follow and be bound by the modified Terms and Conditions. We suggest you to review these Terms and Conditions whenever you use this website so that you have reviewed the most current version.
In the event that any provision of the Terms and Conditions conflict with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
GIFT CARDS AND/OR E-GIFT CARDS
All Gift Cards, e–Gift Cards and other gift certificates are deemed purchased in and issued from New York State. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
New York Gourmet Coffee reserves the right to terminate these Terms and Conditions at any time, and may do so immediately, without notice, thereby denying you access to NewYorkGourmetCoffee.com, if in our sole discretion you fail to comply with any Terms and Conditions set forth herein. Furthermore, we reserve the right to refuse working with any user who violates our Terms and Conditions.
USE
By accepting these Terms and Conditions through your use of this Site, you certify that you reside in the United States and are 18 years of age or older. If you are under the age of 18 but at least 14 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. New York Gourmet Coffee does not knowingly collect personal information about children under the age of 14 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 14 and 18, please be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or are unable to comply with) any of these Terms and Conditions, we request you do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. Permission is granted to electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes related to the placement of an order or shopping with New York Gourmet Coffee. Any other use of this Site or content or information contained in this Site is strictly prohibited, unless the written permission of New York Gourmet Coffee first is obtained. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of New York Gourmet Coffee, or its suppliers, and is protected by U.S. and international intellectual property laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited.
By making a purchase from New York Gourmet Coffee, you understand and agree that New York Gourmet Coffee may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.
This Site may contain typographical errors or inaccuracies and may not be complete or current. New York Gourmet Coffee therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
New York Gourmet Coffee, which represents NewYorkGourmetCoffee.com and herein includes page headers, custom graphics, buttons, images and other content on this Site, is subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by New York Gourmet Coffee. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited.
New York Gourmet Coffee does not make any representations or warranties about any Site you may access through this Site. Any such Site is independent from New York Gourmet Coffee, which has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Site. Further, a link between NewYorkGourmetCoffee.com and another Site does not mean that New York Gourmet Coffee endorses that Site. You must make your own independent decisions regarding your interactions or communications with any other Site.
New York Gourmet Coffee does not want to receive confidential, proprietary or trade secret information through this Site (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to New York Gourmet Coffee will be deemed non-confidential. And, by submitting any such information, you are granting New York Gourmet Coffee an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
New York Gourmet Coffee has the right, but not the duty, to monitor and edit or remove any comments or product reviews ("Comments") posted by users on this Site. You are solely responsible for the Comments you post on or through this site, for their accuracy, and for the consequences of submitting and posting those Comments. Also, you should use your own judgment and question information provided by others, and you acknowledge that the use of any Comments posted on the site is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this Site.
Please note that sometimes there may be certain orders we are not able to accept. We solely reserve the right, at our discretion, to refuse or cancel any order for any reason whatsoever. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order has been shipped. Certain instances may result in your order being canceled because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. From time to time, we may require additional information and identification before accepting an order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
We work hard to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. New York Gourmet Coffee cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we solely reserve the right, at our discretion, to refuse or cancel any orders placed for that item.
In the event that an item is mispriced, we may, at our own discretion, do the following:
If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Prices are subject to change without notice.
MERCHANDISE CONTENT
New York Gourmet Coffee attempts to be completely accurate in its product descriptions. However, New York Gourmet Coffee does not warrant that product descriptions or other Content on this Site is accurate. Some content may be inaccurate or incomplete. If you happen to find a product that is not as described, your only solution is to return the product in complete, unused condition.
New York Gourmet Coffee solely reserves the right to determine and limit the number of items purchased per order, per household, and per person. These restrictions can be monitored and administered to orders placed by the same account and the same credit card, as well as for orders using the same billing and/or shipping address. All offers are void where prohibited.
QUESTIONABLE/OBJECTIONABLE CONTENT
You understand that by using this Site or any services provided on the Site, you may come across Content that may be deemed by some to be offensive, indecent or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that New York Gourmet Coffee and/or its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
TERMINATION
These Terms and Conditions are effective until terminated by either you or New York Gourmet Coffee. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. The following sections shall survive any termination of these Terms and Conditions: "Site Security," "Pricing and Content Information," "Number of Items," "Intellectual Property, Copyrights and Trademarks," " Submissions, Reviews and Feedback," "Indemnification," "Termination," “Immediate Termination,” "Disclaimer" "Limitation of Liability," "Jurisdiction," “Export,” “Gift Cards/eGift Cards,” "Enforceability," and "Entire Agreement."
New York Gourmet Coffee reserves the right to terminate these Terms and Conditions at any time, and may do so immediately, without notice, thereby denying you access to any New York Gourmet Coffee site, if in our sole discretion you fail to comply with any Terms and Conditions set forth herein. Further, we reserve the right to refuse working with any user(s) who violates our Terms and Conditions.
DISCLAIMER
This site is provided for public use by New York Gourmet Coffee on an "as is" "as available" basis. New York Gourmet Coffee does not provide representations or warranties of any kind, express or implied, as to the operation of the site, or the information, content, materials, or products included on this site. To the full extent permitted by applicable law, New York Gourmet Coffee disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You the user acknowledge, by your use of the site, that your use of the site is at your own risk and that New York Gourmet Coffee will not be liable for damages of any kind arising from the use of this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of these terms of use. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
With limiting the foregoing, New York Gourmet Coffee does not represent or warrant to the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error. With limiting the foregoing, New York Gourmet Coffee disclaims any liability as to the accuracy or completeness of each item description. All product descriptions originate from the manufacturer of the item. New York Gourmet Coffee makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States. New York Gourmet Coffee assumes no risk or responsibility for your use of any of the content provided on this website
MERCHANDISE AND CONTENT DISCLAIMER
Product information obtained through this website is obtained from claims made by the product's manufacturer. On occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on this website, thus we do not guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
New York Gourmet Coffee assumes no liability for inaccuracies or misstatements about products.
DISCLAIMER ON CUSTOMER REVIEWS
Customer reviews are provided for informational purposes ONLY. Customer reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by New York Gourmet Coffee.
LIMITATION OF LIABILITY
Under no circumstances, or under any legal or equitable theory, whether in contract, tort, strict liability or otherwise, shall New York Gourmet Coffee, or any of its employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any direct or indirect loses or damages, whether special, incidental or consequential or otherwise arising out of or in connection with the use of, inability to use, or malfunction of this website. You, the user, will be solely responsible for any damage or loss of data to your computer system or other property that results from the use of this site, including the downloading of any material. New York Gourmet Coffee will not be liable for any damages of any kind arising from the purchase or use of products offered for sale on this site, including but not limited to direct, indirect, incidental, punitive and consequential damages. Some states may limit the ability of vendors to disclaim implied warranties; therefore the language of this paragraph may not apply to you. This comprehensive limitation of liability applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representation of New York Gourmet Coffee has been advised of or should have known of the possibility of such damages.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of New York Gourmet Coffee under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).
If you are dissatisfied with this website or any content on the site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk
ENFORCEABILITY
If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. Therefore, the Terms and Conditions of this site are up for change at our sole discretion and without warning to administer said changes. The failure of New York Gourmet Coffee to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver of any nature and shall not limit New York Gourmet Coffee’s rights with respect to such breach or any subsequent breaches in any way.
JURISDICTION
These Terms and Conditions states shall be governed by and construed under the Laws of New York State without regard to conflicts of law provisions. Any action or proceeding arising out of or related to the use of this Site, or these terms and conditions must be brought in the state or federal courts of New York and you hereby consent to the exclusive personal jurisdiction of such courts.
ENTIRE AGREEMENT
These terms of use states and represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these terms of use are for reference purposes only and in no way define or limit the scope of the section.
TERMS AND CONDITIONS MAY CHANGE
New York Gourmet Coffee reserves the right to update or modify these Terms and Conditions at any time without prior notice. Use of this website by you following any such change constitutes your agreement to follow and be bound by the modified Terms and Conditions. We suggest you to review these Terms and Conditions whenever you use this website so that you have reviewed the most current version.
In the event that any provision of the Terms and Conditions conflict with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
GIFT CARDS AND/OR E-GIFT CARDS
All Gift Cards, e–Gift Cards and other gift certificates are deemed purchased in and issued from New York State. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.