Terms and Conditions
Terms Of Use - www.boyerscoffee.com
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. BY USING THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. WE MAY PERIODOICALLY UPDATE THE TERMS. PLEASE CHECK BACK PERIODICALLY AS YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF CHANGES.
We make all reasonable efforts to provide accurate and timely information about Boyer's Coffee and boyerscoffee.com on this site, however, please do not assume that all information provided is fully updated or that this website is all-inclusive of information about Boyer's Coffee.
Usage Restrictions:
Material from www.boyerscoffee.com, (and any other website owned, operated, licensed, or controlled by Boyer's Coffee or any of its related, affiliated, or subsidiary companies) may not be copied, distributed, republished, uploaded, posted, modified, adapted, deleted, changed, or transmitted in any way, without the prior written consent of Boyer's Coffee, except as follows: You may download available logo and links from boyerscoffee.com as part of our "Refer A Friend" Program, or as the result of a promotional campaign in which Boyer's Coffee makes these links available. Affiliates of Boyer's Coffee may use elements based upon the terms of the Affiliate agreements. Modification or use of the materials for any other purpose violates the intellectual property rights of Boyer's Coffee.
Feedback and Submissions:
We appreciate your interest in Boyer's Coffee, we are unable to accept any ideas, graphics or other materials that are considered proprietary in concept, design, technology or other format. Therefore, any materials submitted by you will be deemed the property of Boyer's Coffee, and you are granting Boyer's Coffee a royalty-free, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate and distribute these materials in any and all medium through any transmission method. You will relinquish all rights to your submissions, and Boyer's Coffee will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensating you or any other person sending the Submission. You acknowledge that you are responsible for any Submission you make and that you, and not Boyer's Coffee, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.Limitation of Liability:
Boyer's Coffee will not be liable for any damages or injury, including but not limited to special or consequential damages caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. Boyer's Coffee will not be liable for any damages or injury, including but not limited to special or consequential damages, resulting from the use of, or the inability to use, the materials in this site, even if there is negligence on the part of Boyer's Coffee, or if an authorized representative of Boyer's Coffee has been advised of the possibility of such damages, or both. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The total liability to you of Boyer's Coffee for all losses, damages, and causes of action (whether in contract, tort or otherwise) will not be greater than the amount you paid to access this site.Disclaimer:
The materials in this website are provided 'as is' and without warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Boyer's Coffee disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Boyer's Coffee does not guarantee that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Boyer's Coffee does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Boyer's Coffee) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.Jurisdiction:
Unless otherwise specified, the materials in this site are presented to provide information about Boyer's Coffee and its products. Boyer's Coffee controls and operates this site from its headquarters in Denver, Colorado (USA) in the United States of America. Boyer's Coffee makes no representation that the materials on the site are appropriate or available for use in locations outside of the United States. If you use this site from locations outside of the United States, you are responsible for compliance with any applicable local laws.Additional Terms:
Certain products or services offered by this website and certain areas of the website may be governed by additional terms of use and/or other agreements presented in conjunction with those products or services that you have selected. You must agree to these Additional Terms before using those areas. In the event of a difference in interpretation of the Additional Terms and this Terms of Use, the Additional Terms take precedence.Miscellaneous:
These Terms of Use, and the agreement they create, shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. If any provision of this agreement is unlawful, void, or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. Boyer's Coffee may modify these Terms of Use, and the agreement they create, at any time simply by updating this posting and without notice to you.Termination:
This agreement is effective until terminated by either party. You may terminate the agreement at any time by destroying all materials obtained from all Boyer's Coffee sites, along with all related documentation and all copies and installations (together, the 'Materials'). Boyer's Coffee may terminate the agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all Materials.Billing Information:
With your permission as part of the check out process, deliveries will be billed to your credit card of record. We accept all major credit cards -- VISA, MasterCard, American Express and Discover. For safety, your credit card information is encrypted and locked so that it may not be viewed by outside parties, Boyer's Coffee employees, or customer service representatives. Boyer's Coffee will never display your complete credit card number on-screen.Return / Refund Policy:
If for any reason you are not satisfied with your order, please notify us right away by emailing support@boyerscoffee.com or calling 303-289-3345, Monday through Friday from 8:00am-5:00pm MST.
All returns and exchanges must be initiated with our Customer Relations Department within 15 days of your original order ship date, and products must be received back in our warehouse within 30 days of your order ship date.
For items that are broken, defective, incorrect or missing, we will re-ship replacement item(s) at no charge to you.
Food Product Return Policy: As a coffee company with exacting freshness and quality standards, and in support of COVID-19 protocols, we are unable to resell any returned consumable product. For this reason, we do not offer credit card refunds for returned consumable products. Instead, for returns of unopened/unused products, we will provide you a promotion code for store credit in the amount that you paid for your items, less shipping costs which will not be refunded. This code will be emailed to you upon receipt of your returned items and can be used toward a future order of your choice, within one year. We do not accept returns of any opened or used product.
Non Food Product Return Policy (such as equipment and accessories): We will gladly return or exchange any non-consumable product within 30 days of the order ship date for a complete refund, less shipping charges which will not be refunded. All items must be returned before a refund will be issued and all items must be in new and unused condition upon receipt. Items returned in any other condition will not be refunded. Customer will be responsible for shipping the return item back to Boyer’s Coffee at their own expense.
Items that cannot be returned or exchanged: Items that are open or used, coffee purchased on a $6 Coffee promotional offer, and any order in which a gift item or premium was included as part of an introductory offer are nonrefundable.
To start your return please follow these steps:
Contact us by emailing support@boyerscoffee.com or calling 303-289-3345, Monday through Friday from 8:00am-5:00pm MST.
Ship the product to the following address via UPS, USPS or any method with tracking to the address below:
Boyer's Coffee
Attn: Returns
610 E. 55th Avenue, Suite 300
Denver, CO 80216
Please include the original Order # and your contact information, email and/or phone # inside the package.
Replacement orders and/or store credits will be initiated within 72 hours from the time the return is received.
Credits:
Once we ship your order all credits must be given as store credits. We are unable to issue a credit back to your credit card. Store credits are valid for 90 days from date of issuance.Special Offers:
Along with your deliveries, you will receive special offers, promotions, tips, and seasonal catalogs from Boyer's Coffee.- Limit one offer or membership per household
- Orders are subject to approval
- All offers are subject to expiration and availability
Substitutions:
For any offer or promotion, Boyer's Coffee reserves the right to substitute for the free gift, another gift of equal or greater value when limited supplies are exceeded. As always, your satisfaction is guaranteed. You may return the substituted item if you are not satisfied.
Prices:
All prices are subject to change at any time at the discretion of Boyer's Coffee.Shipment Arrival Time:
It typically takes 2-3 business days to ship coffee orders. Shipping times for orders that do not include coffee are commonly 1-2 business days. Shipping dates may be impacted by weekends and holidays. Orders are sent via UPS or USPS. Depending on your location, shipping times range from 1 to 10 days. To track your order, click on My Account.Shipping Costs:
Shipping costs are below and displayed at the time of checkout. Currently, we do not ship internationally. We ship with both USPS & UPS depending on location and package size. If you are located in a rural area where USPS will not deliver directly to your home, please use your PO Box address so that your shipment is not delayed.
Shipping Prices via USPS & UPS to the Continental United States
| Coffee Orders Under $50 | Coffee Orders $50 - $74.99 | Coffee Orders Over $75 |
| $9.55 Flat Rate Shipping | $5.55 Flat Rate Shipping | Ships FREE |
Your Scheduled Deliveries:
If you are a Subscription Service member, please refer to the specific terms of your trial offer, which may be found on the My Account page, or call our customer service department at 303.289.3345.
Mobile Messaging Terms & Conditions:
Boyer’s Coffee offers its customers mobile alerts and reminders by SMS message on 41738 in accordance with these Mobile Messaging Terms and Conditions (“Terms”), which incorporate Boyer’s Coffee Privacy Policy (available at: https://www.boyerscoffee.com/pages/privacy-policy).
1. Signing Up and Opting-In
You can enroll by providing your mobile phone number and agreeing to these Terms. You may not enroll if you are under 18 years old. Boyer’s Coffee reserves the right to stop providing these mobile alerts at any time with or without notice.
By opting into the service, you expressly consent to, acknowledge and confirm the following:
A. Boyer’s Coffee, directly or by third-parties acting on its behalf, may use automatic telephone dialing systems or non-automatic telephone dialing systems to send recurring marketing/promotional text messages regarding the topics listed in Section 2 to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in);
B. You do not have to consent to agree to receive messages as a condition of purchase for any property, good, or service;
C. You are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in; and
D. Boyer’s Coffee may use an electronic record to document your opt-in.
To request a free paper or email copy of the opt-in or to update our records with your contact information, email support@boyerscoffee.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
2. Content You May Receive
Once you affirm your choice to opt-in to mobile alerts on 41738, your message frequency may vary. You may receive alerts about:
- Sale promotions
- Event information
- Product launch announcements
- Cart reminders
3. Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the mobile alerts.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The mobile alerts may not be available on all wireless carriers, and Boyer’s Coffee may add or remove a supported wireless carrier at any time without notice. Boyer’s Coffee is not responsible for any undue delays, failure of delivery, or errors in messages.
4. To Stop
To stop receiving text messages from Boyer’s Coffee, text the word STOP to 41738 any time or reply STOP to any of the text messages you have received from Boyer’s Coffee. After texting STOP to 41738, you will receive one additional message confirming that your request has been processed.
5. Questions
You can text HELP for help at any time to 41738 This will provide you with our customer service email, support@boyerscoffee.com. You can also contact us at 303-289-3345 or visit https://www.boyerscoffee.com/pages/contact-us.
6. Changes to Terms
These Terms are subject to change at any time without notice.
7. Dispute Resolution
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires U.S. customers to arbitrate disputes with Boyer’s Coffee and limits the manner in which you can seek relief.
7.1 Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to these Terms or Boyer’s Coffee mobile alerts and reminders by SMS message will be resolved by binding arbitration, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. This Arbitration Agreement is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.
7.2 Arbitration Rules and Forum. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent Boyer’s Coffee at 610 E. 55th Ave, Suite 300, Denver, CO 80216. Unless you and Boyer’s Coffee agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
7.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Boyer’s Coffee. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
7.4 Waiver of Jury Trial. YOU AND BOYER’S COFFEE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Boyer’s Coffee are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 7.1 (Application of Arbitration Agreement) above. While an arbitrator can award on an individual basis the same damages and relief as a court there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
7.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Colorado. All other disputes, claims, or requests for relief shall be arbitrated.
7.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@boyerscoffee.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Boyer’s Coffee account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7.7 Severability. Except as provided in Section 7.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
7.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Boyer’s Coffee.
7.9 Modification. Notwithstanding any provision in this Agreement to the contrary, Boyer’s Coffee agrees that if any future material changes are made to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Boyer’s Coffee at the following address: 610 E. 55th Ave, Suite 300, Denver, CO 80216.