Terms of Sales
Last Updated Date: May 10, 2021
1. THIS WEBPAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR ANY PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS; (B) ARE NOT AT LEAST 18 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Terms and Conditions of Online Sales (these "Terms of Sale") apply to the purchase and sale of products through https://roarorganic.com/ (the "Website"). These Terms of Sale are subject to change by ROAR Beverages, Inc., a Delaware corporation (referred to as the “Company”, "us", "we", or "our", as the context may require), without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms of Sale prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of, and agreement to, such changes.
In order to make a purchase through this Website, you certify that you have reached the age of majority in the jurisdiction where you reside (which in most states is 18 years old).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) Prices posted on this Website may be different than the prices for the products that are offered on other websites or in physical retail establishments. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed to by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit/debit cards, as well as PayPal and Google Pay, for all purchases. You represent and warrant that: (i) the credit card (or other payment) information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card (or other payment process) for the purchase; (iii) charges incurred by you will be honored by your credit card company (or bank or other processor); and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Return Policy; Refund Policy.
WE DO NOT ACCEPT RETURNS FOR ANY PRODUCT SOLD ON THIS WEBSITE.
- PLEASE INSPECT YOUR ORDER UPON RECEPTION AND CONTACT US WITHIN 30 DAYS OF RECEIVING YOUR ORDER AT INFO@DRINKROAR.COM IF THE ITEM IS DEFECTIVE, DAMAGED, OR THE WRONG ITEM SO WE CAN EVALUATE THE ISSUE.
- IF WE, IN OUR SOLE DISCRETION, APPROVE YOUR REQUEST FOR A REFUND, REFUNDS WILL AUTOMATICALLY BE REFUNDED ON YOUR ORIGINAL PAYMENT METHOD. PLEASE REMEMBER IT CAN TAKE SOME TIME FOR YOUR BANK OR CREDIT CARD COMPANY TO PROCESS AND POST THE REFUND.
6. Warranty Disclaimers. ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT, OR DO NOT ALLOW, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF ANY APPLICABLE THIRD-PARTY MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by, or results from, acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, epidemic, pandemic, governmental shutdown orders, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. This Website is operated from the United States and the Company’s principal place of business is located in the Commonwealth of Pennsylvania. All matters arising out of, or relating to, these Terms of Sale are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in either: (i) the federal courts of the United States for the Eastern District of Pennsylvania; or (ii) the state courts of the Commonwealth of Pennsylvania located in either Lehigh County or Northampton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Arbitration. At the Company’s sole discretion, we may require you to submit any disputes arising from these Terms of Sale or use of the Website, including, but not limited to, disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms of Sale, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law. Any such arbitration shall take place in either Lehigh County or Northampton County, Pennsylvania, unless the Company elects otherwise.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
14. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
15. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by email transmission to email@example.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to ROAR Beverages, Inc., 315 Columbia Street, Bethlehem, Pennsylvania, 18015. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
17. Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale (or, at the option of the applicable court, tribunal or arbitrator(s), limited to minimum extent necessary) and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.