Terms of service
OVERVIEW
Welcome to Amanda's Brew House! Amanda Pandas Coffee House, operating as Amanda's Brew House, operates this store and website. The terms "we," "us," and "our" refer to Amanda Pandas Coffee House, operating as Amanda's Brew House. We provide the store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the "Services"). Amanda's Brew House is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at https://amandasbrewhouse.com/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence or that you have given consent for your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 — OUR PRODUCTS
We make every reasonable effort to represent our products and services accurately. However, colors or product appearance may differ from what appears on your screen because of your device, display, and configuration.
We do not guarantee that the appearance or quality of products or services purchased through the store will meet every personal expectation or appear exactly as depicted on a screen.
Product descriptions may change without notice. We reserve the right to discontinue a product at any time and may limit the quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
Some products are made to order or fulfilled by independent production and fulfillment partners. Small variations in color, placement, size, finish, or packaging may occur when consistent with reasonable manufacturing standards and the product description.
SECTION 3 — ORDERS
When you place an order, you make an offer to purchase. Amanda's Brew House reserves the right to accept or decline an order for any lawful reason at its discretion. An order is not accepted until Amanda's Brew House confirms acceptance. Payment must be received and processed before an order is accepted.
Please review your order carefully before submitting it. Amanda's Brew House may be unable to accommodate cancellation or modification requests after an order has entered production or fulfillment.
If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided with the order.
Purchases are subject to our Return and Refund Policy at https://amandasbrewhouse.com/policies/refund-policy.
You represent that purchases are for lawful personal or household use and not for unauthorized commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price displayed when the order is placed and will appear in the order confirmation.
Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, or handling charges.
We may offer promotions governed by separate terms. If promotional terms conflict with these Terms, the specific promotional terms will control for that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to update your information when necessary so we can complete transactions and contact you.
You represent and warrant that payment information you provide is accurate, that you are authorized to use the payment method, that charges will be honored, and that you will pay all applicable product prices, shipping charges, and taxes.
SECTION 5 — SHIPPING AND DELIVERY
Amanda's Brew House currently ships to eligible addresses within the United States.
Processing and delivery times are estimates and are not guaranteed. We are not responsible for carrier delays or delays caused by severe weather, natural disasters, service interruptions, incorrect addresses, or other events outside our reasonable control.
Products in the same order may be made or shipped by different fulfillment partners. An order may therefore arrive in separate packages and on different dates.
Additional information is available in our Shipping Policy at https://amandasbrewhouse.com/policies/shipping-policy.
SECTION 6 — INTELLECTUAL PROPERTY
The Services—including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, designs, selection, and arrangement—are owned by Amanda's Brew House, its affiliates, or licensors and are protected by applicable copyright, trademark, and other intellectual-property laws.
These Terms permit use of the Services for personal, noncommercial purposes only. You may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, sell, or commercially exploit material from the Services without prior written consent.
Nothing in these Terms grants a license or other right under any patent, trademark, copyright, or other intellectual property belonging to Amanda's Brew House, Shopify, or another party. All rights not expressly granted are reserved.
The Amanda's Brew House name, logos, product names, service names, designs, artwork, and slogans are trademarks or protected intellectual property of Amanda's Brew House or its licensors. They may not be used without prior written permission.
Shopify's name, logo, product names, service names, designs, and slogans are trademarks of Shopify. Other names, logos, product names, service names, designs, and slogans belong to their respective owners.
SECTION 7 — OPTIONAL TOOLS
We may provide access to tools offered by third parties that we do not monitor or control.
Access to these tools is provided "as is" and "as available," without warranties, representations, conditions, or endorsement. We are not liable for claims arising from your use of optional third-party tools.
Use of optional tools is at your own risk and discretion. You should review and approve the terms under which the relevant third party provides each tool.
Future features, tools, or resources offered through the Services will also be considered part of the Services and subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials, functionality, or links provided or operated by third parties.
We are not responsible for examining or evaluating the content, practices, security, or accuracy of third-party materials or websites. If you leave the Services to access third-party materials or websites, you do so at your own risk.
We are not liable for harm or damages relating to third-party websites or purchases or use of third-party products, services, resources, or content.
Review the third party's policies and practices before completing a transaction. Questions or complaints concerning third-party products or services should be directed to the appropriate third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Amanda's Brew House is powered by Shopify, which enables us to provide the Services. However, sales and purchases made through our store are directly between you and Amanda's Brew House.
By using the Services, you acknowledge that Shopify is not responsible for sales between you and Amanda's Brew House, including injury, damage, or loss resulting from purchased products or services.
To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions with Amanda's Brew House.
SECTION 10 — PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy at https://amandasbrewhouse.com/policies/privacy-policy.
Certain personal information may also be subject to Shopify's Privacy Policy at https://privacy.shopify.com/en.
Because Shopify hosts the Services, Shopify collects and processes information about access to and use of the Services to provide and improve the Services.
Information submitted through the Services may be transmitted to and shared with Shopify and applicable service providers or fulfillment partners, which may operate in other jurisdictions.
By using the Services, you acknowledge that you have reviewed the applicable privacy policies.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for lawful business purposes.
You represent that:
1. You own or possess the necessary rights to the Feedback.
2. You have disclosed any compensation or incentives connected to it.
3. The Feedback complies with these Terms.
We are not obligated to keep Feedback confidential, pay compensation for it, or respond to it.
We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, misleading, or otherwise objectionable or that violates intellectual-property rights or these Terms.
Feedback must not violate another party's rights or contain unlawful, abusive, or malicious material. You may not use a false email address, impersonate another person, or misrepresent the origin of Feedback.
You are responsible for the accuracy and legality of the Feedback you submit.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Information within the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel an affected order at any time, including after an order has been submitted, to the extent permitted by law.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services to:
1. Engage in unlawful or malicious activity.
2. Violate applicable laws or regulations.
3. Infringe our intellectual-property rights or the rights of others.
4. Harass, abuse, threaten, defame, intimidate, or harm another person.
5. Transmit false, misleading, malicious, or fraudulent information.
6. Send spam, phishing attempts, junk mail, chain letters, or similar solicitations.
7. Impersonate another person or organization.
8. Introduce viruses, malware, or other harmful code.
9. Collect or track another person's information unlawfully.
10. Copy, extract, sell, resell, or exploit the Services without authorization.
11. Circumvent security, authorization, access controls, or robot-exclusion measures.
12. Interfere with another person's use or enjoyment of the Services.
13. Use automated tools to access the Services contrary to posted restrictions or applicable law.
We may suspend, disable, or terminate access if we reasonably determine that these Terms have been violated.
SECTION 14 — AUTOMATED AGENTS
This section applies when software or a service takes autonomous or semi-autonomous action on behalf of a person or organization ("Agent").
An Agent may not access or interact with the Services unless it identifies itself and follows our applicable technical requirements and access restrictions.
Agents must not:
1. Conceal or misrepresent that access is automated.
2. Mimic human behavior to circumvent security measures.
3. Circumvent CAPTCHAs or other access controls.
4. Ignore a request to stop accessing or interacting with the Services.
5. Misrepresent the identity or purpose of the Agent.
We may use technical measures to limit or prevent automated access.
SECTION 15 — TERMINATION
We may terminate this agreement or access to all or part of the Services, to the extent permitted by law, if these Terms are violated or continued access creates legal, security, or operational risk.
You remain responsible for amounts owed up to the effective termination date.
Provisions that should reasonably survive termination—including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy—will continue to apply.
SECTION 16 — DISCLAIMER OF WARRANTIES
Information provided through the Services is made available for general informational purposes. We do not warrant that all information will always be accurate, complete, current, or suitable for every purpose.
Reliance on information provided through the Services is at your own risk, subject to any rights that cannot legally be waived.
EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow certain warranty exclusions, so portions of this disclaimer might not apply to you.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, AMANDA PANDAS COFFEE HOUSE, OPERATING AS AMANDA'S BREW HOUSE, AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES OR PRODUCTS.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER A CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER THEORY.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
SECTION 18 — INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Amanda Pandas Coffee House, operating as Amanda's Brew House, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims arising from:
1. Your material breach of these Terms.
2. Your violation of applicable law.
3. Your violation of another party's rights.
4. Your unlawful misuse of the Services.
We will provide reasonable notice of an indemnifiable claim. We may control the defense and settlement of the claim, but we will not agree to a settlement requiring nonmonetary obligations from you without your reasonable consent.
You agree to cooperate in the defense of an indemnified claim.
SECTION 19 — SEVERABILITY
If a provision of these Terms is determined to be unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary.
The remaining provisions will continue in full force.
SECTION 20 — WAIVER AND ENTIRE AGREEMENT
Failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and the policies or operating rules posted through the Services constitute the entire agreement between you and us regarding use of the Services and supersede prior or contemporaneous agreements, communications, and proposals concerning that use.
Ambiguities will not automatically be interpreted against the drafting party.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign these Terms or your rights or obligations without prior written consent.
We may transfer or assign our rights and obligations as part of a merger, acquisition, financing, sale of assets, reorganization, or similar business transaction, or as otherwise permitted by law.
SECTION 22 — GOVERNING LAW
These Terms and any separate agreements through which we provide Services are governed by the applicable laws of the State of Ohio and the United States, without regard to conflict-of-law principles.
Subject to applicable consumer-protection laws, proceedings relating to these Terms will be brought in an appropriate state or federal court located in Ohio.
Nothing in this section deprives a consumer of protections or rights that cannot legally be waived in the consumer's home jurisdiction.
SECTION 23 — HEADINGS
Headings are included for convenience and do not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO THE TERMS OF SERVICE
You may review the current version of these Terms on this page.
We may update or replace portions of these Terms by posting the updated version on the website.
When required by law, we will provide notice of material changes. Changes become effective on the date stated in the notice or, when no date is stated, upon posting.
Continued use of the Services after changes take effect constitutes acceptance of the revised Terms to the extent permitted by law.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms should be sent to amandabrewhouse@agentmail.to.
Amanda Pandas Coffee House
Operating as Amanda's Brew House
Email:
amandabrewhouse@agentmail.to
Phone: (419) 574-4568
Business mailing address:
1135 S Main St, Suite 215 #1024
Bowling Green, OH 43402
United States
Customer support is available by email or phone.