Terms & Conditions
Terms and Conditions of Sale
** 20% Off BrewFlo: 20% off offer available to customers who purchase a BeerDroid whilst the BrewFlo is out of stock; and customer has also completed the “Notify Me When Available” form via the link [https://brewart.com/us/brewflo]. Offer only valid for USA customers, and the 20% off BrewFlo discount will be available for redemption via unique promotion code to be emailed to customer when BrewFlo is back in stock. No further discounts apply, including the use of first time purchase 10% off coupons. Offer valid whilst stocks last.
TERMS & CONDITIONS
Last Updated: 9/1/2017
The Website and Services are offered and available to users who are eighteen (18) years of age or older. By using the Website or Services you represent and warrant that you are of legal age to form a binding contract with Coopers.
The store is where you can purchase products and/or services (collectively, the "Products"). Any order for Products is an offer by you to purchase those Products for the price listed at the time of your order (together with any applicable delivery fees and taxes). Confirmation by us of receipt of your order does not signify our acceptance of the order.
We reserve the right, at any time after receipt of your order, to decline your order for any reason in our absolute discretion including, without limitation, where any Product in the order is not available, if there is an error or omission in the price or description of the Product, or payment in respect of the order is unable to be processed.
All orders placed must obtain pre-approval with a method of payment acceptable to us. We may require additional verification or information before accepting any order.
Orders may be placed online via the Website or by phone. Dealers, exporters, wholesalers, or other persons who intend to resell the Products, are not permitted to place orders for Products via the Website unless the Website expressly states it is for such buyers.
Homebrewing and Other Applicable Laws.
You acknowledge that homebrewing and the consumption of homebrewed alcohol products are regulated at the state and federal level, and covenant that you will abide by all governing laws, rules and regulations in your use of the Website, our Services and any Products purchased from us. You agree to indemnify, protect and hold us harmless from all claims, liabilities, losses or other damages that we may suffer arising from or in connection with your use of the Website, our Services and any Products in violation of governing laws, rules and regulations.
Delivery and Orders Policy.
We value you as a customer and want to ensure you enjoy your shopping experience with us. Please review our Delivery and Orders Policy, which governs any purchases made through our store.
If you create, or are provided with, a user name, password or any other information as part of our security procedures, you agree to treat such information as confidential, and that you will not disclose such information to any other person or entity. You further agree that your account is personal to you and that you will not provide any other person access to the Website or the Services, or any portions of the same, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You may choose to register your BrewArt BeerDroid through this Website or the Coopers Application
If you choose to register your BrewArt BeerDroid, you will have access to a number of additional benefits, including having any future support or performance firmware updates for the BeerDroid automatically installed by us, and tailored trouble-shooting support based on the particular brewing and technical data output from your BeerDroid which we are able to collect directly from the BeerDroid via its built-in internet connection. If you install the Coopers Application. you will also be able to link the app to your BeerDroid and control the BeerDroid using the app.
By registering your BrewArt BeerDroid, you expressly acknowledge and consent to us:
- accessing the brewing data and technical data generated and stored by your BrewArt BeerDroid (using its connection to the internet) to assist us in resolving technical or brewing issues you request our help with;
- accessing your BrewArt BeerDroid directly (using its connection to the internet) in order to install upgrades or updates to its on-board firmware;
- accessing the brewing data stored by your BrewArt BeerDroid to tailor our product offerings to you or recommend brewing methods, products or other types of beverages which you may be interested in; and
User Participation and Submissions.
We do not and cannot review all communications and materials posted to or created by users accessing the Website or Services, including any reviews that may be posted by users of the Website or Services for user Submissions and/or Products offered on the store, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website and Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website or Services. However, we do reserve the right, without any obligation to notify you of the removal or to retain the removed content, to block or remove communications or materials that we determine to (i) be unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) create a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seek to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violate, or encourage any conduct that violates laws or regulations or contains any information or content that is illegal; (v) infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships or (vi) be offensive or otherwise unacceptable to us at our sole discretion.
Transmission of Your Submissions.
The term Submissions also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by you or entered electronically in the course of your use of the Website or Services. You understand that the technical processing and transmission of your Submissions (including the possible transmission of Submissions outside its country of origin) may be necessary to your use of the products, services and content offered on or through the Website or Services and consent to Coopers' interception and storage of your Submissions. You understand that you or Coopers may be transmitting Submissions over the Internet, and over various networks, only part of which may be owned and operated by Coopers. You agree that Coopers is not responsible for any portions of your Submissions that are lost, altered, intercepted or stored without authorization during the transmission of Submissions across networks not owned and operated by Coopers.
Copyright Infringement Notification Process.
Coopers abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If you believe that any content included on the Website or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Coopers of any such copyright or other intellectual property rights infringement. Similarly, if you believe that any of your Submissions have been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
Coopers USA, Inc.
3366 North Dodge Blvd
Tucson, Arizona 85716
Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification. If your Submission has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Your Obligations & Responsibilities.
We may, at our sole option, from time to time offer promotions. The terms and conditions for all promotions (if any) will be explicitly stated in the e-mail, advertisement, article or other communication to which they are associated (such as eligibility requirements, dates of availability, contents of the promotion, etc.). For additional information related to any promotion, please contact firstname.lastname@example.org.
Links to Third Party Sites.
If the Website and Services contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites, you do so entirely at your own risk and subject to the terms and conditions and privacy policies for such websites.
Coopers provides the following limited replacement warranty (the "Limited Replacement Warranty") the original end-user purchaser of an Eligible Product:
If you purchase an Eligible Product from us via the Website which becomes faulty or defective during the initial 12 month period from the date you purchased the Eligible Product, we will replace the faulty or defective Eligible Product (or component, as applicable) with an equivalent product (or component) free of charge. You will only be entitled to make a claim under this Limited Warranty if you satisfy the pre-conditions to making a claim and follow the claim procedure specified below.
Pre-conditions to making a claim
You are only entitled to make a claim under this Limited Replacement Warranty if you satisfy each of the following:
- you are the original end-user purchaser of the Eligible Product (i.e. this Limited Replacement Warranty is not transferrable to second-hand or other purchasers);
- you purchased the Eligible Product brand new from us using this Website;
- you purchased and have only used the Eligible Product for personal, domestic or household use;
- you immediately cease to use the Eligible Product upon becoming aware of the claimed fault or defect;
- you are able to provide an original proof of purchase issued by us; and
- you notify us of the claimed fault or defect in writing within fourteen (14) days of becoming aware of the claimed fault or material defect.
Notwithstanding the above, you are not entitled to make a claim under this warranty if:
- the fault or defect was caused or contributed to by you, or as a result of damage caused to, or the improper handling, use or modification of, the Eligible Product by any person (other than us, our employees or subcontractors);
- the fault or defect was caused by accident, fire, misuse, neglect, or unusual or unplanned electrical stress;
- you were advised of the fault or defect prior to purchasing the Eligible Product;
- the Eligible Product was provided as a free accessory or promotional item;
- you did not purchase the Eligible Product new from us using the Website; or
- you have previously been unsuccessful in claiming a replacement in respect of the fault or defect under this warranty.
How to make a claim
We will not be responsible for any items that are returned to us in error. Risk in the returned Product will only pass to us upon actual receipt by us of the Product.
Once claim is confirmed in writing by us for assessment, please send your returned Products to:
3366 N Dodge Blvd
Tucson, AZ 85716
Once we collect the Product, we will require time to complete an assessment of the Product and claimed fault or defect. We will notify you using the contact details you have provided once we have determined whether or not your claim is successful.
If your claim is unsuccessful, you will be notified and we will, deliver the original purchased Product to the delivery address you specify in accordance with the delivery terms above.
If your claim under this warranty is successful, then, once available, we will arrange for the replacement product to be re-delivered to your delivery address at our cost. Replacement Products are sent at your risk. We are not liable for any breakages or damage to the Products during delivery .
Disclaimer of Warranties.
Except for Eligible Products purchased from the store that are subject to our Limited Replacement Warranty, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE) IS AT YOUR OWN RISK. WE PROVIDE THIS WEBSITE, SERVICES, THEIR RESPECTIVE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS) ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COOPERS NOR ANYONE ASSOCIATED WITH COOPERS REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SERVICES, THEIR RESPECTIVE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS) WILL BE USEFUL, ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, SERVICES OR THE SERVERS THAT MAKES THE WEBSITE AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ALSO, WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING PRODUCTS; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, SIZES, PRICES OR OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PHOTOS AND IMAGES APPEARING ON THE WEBSITE OR IN THE SERVICES FOR PRODUCTS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND MAY VARY FROM THE ACTUAL PRODUCTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE) IS AT YOUR SOLE RISK. IF YOU PURCHASE ANY PRODUCTS AND/OR DOWNLOAD ANY CONTENT FROM THE WEBSITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE WEBSITE OR SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOPERS, ITS AFFILIATES, PROVIDERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE APP, STORE AND ANY PRODUCTS OBTAINED FROM THE STORE).
IT IS YOUR AND OUR EXPRESS INTENT THAT COOOPERS NOT BE LIABLE TO YOU FOR ANY MONETARY DAMAGES AND THAT YOUR SOLE REMEDY FOR ANY BREACH OF THIS AGREEMENT SHALL BE TERMINATION OF THE AGREEMENT. HOWEVER, IF IT IS DETERMINED BY A COURT OF COMPETENT JURISDICTION THAT SUCH LIMITATIONS OF LIABILITY IS NOT LEGALLY ENFORCEABLE, IN NO EVENT SHALL COOPERS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF EITHER (1) $50.00 USD OR (2) THE TOTAL YOU PAID DIRECTLY TO COOPERS FOR THE PARTICULAR PRODUCTS GIVING RISE TO THE CLAIM.
a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of your claim to our registered agent, [Capital Services, Inc., 1675 S State St, STE B, Dover, DE 19901. The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to Coopers within 60 days of the earlier of your first use of the Website or Services or your registration with the Website or Services.
For Products and other products and services offered on the Website or Services by third parties, the applicable license agreement or other customer agreements and disclosures may specify that the laws of another jurisdiction will govern your use of such third party products and services, and the terms of those disclosures and agreements will continue to apply.
Customer Care Team
Coopers USA, Inc.
3366 North Dodge Blvd
Tucson, Arizona 85716
Application and Mobile Platform Providers.
WITH RESPECT TO ANY MOBILE APPLICATION, EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT NO MOBILE PLATFORM PROVIDER, SUCH AS APPLE INC. ("APPLE") OR GOOGLE INC., HAS ANY OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES.
IN THE EVENT OF ANY FAILURE OF ANY MOBILE APPLICATION TO CONFORM TO ANY WARRANTIES SET FORTH HEREIN, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION TO YOU; AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
THE MOBILE PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ANY OF YOUR CLAIMS RELATING TO THE MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION, (A) PRODUCT LIABILITY CLAIMS, (B) CLAIMS THAT THE MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (C) CLAIMS ARISING UNDER ANY CONSUMER PROTECTION OF SIMILAR LEGISLATION, AND (D) CLAIMS THAT THE APPLICATION INFRINGES ON ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
Fees and Payment Provisions.
You agree, understand and confirm that the payment information provided by You will be correct and accurate and you are using a form of payment that You are legally authorized to use for this purpose. You agree that You are liable for any payment or credit card fraud, abuse or unauthorized use by You or others.
Your payment information will not be utilized and shared by us with any third parties other than our payment service provider unless required by law, regulation or court order.
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