PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

 

These terms and conditions apply to the purchase and sale of products through https://johnfearless.com/ (referred to as the “site”). By placing an order for such products, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site. These terms and conditions are subject to change by Ciatti Craft Beverages, LLC, doing business as John Fearless (referred to as “John Fearless” or “us” or “we”), without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product that are available through this site. These terms and conditions are an integral part of the Website Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Notice before placing an order for goods through this site.

 

 

  • Order Acceptance and Cancellation

 

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

 

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

 

We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

 

 

  • Payment Terms and Sales Taxes

 

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

 

We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

 

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

 

 

  • Changes in Products and Pricing

 

We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our site.

 

All pricing for the products available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

 

 

  • Shipping Policy

 

We offer a variety of shipping options to meet your shipping needs. We use only premium carriers with various delivery options available for many items. No C.O.D. orders can be accepted.  The risk of loss for all such items and products pass to you upon John Fearless’s delivery of the items or products to the carrier. The title to the goods pass to you upon full payment of such goods.  Until payment for the delivered goods is received in full by John Fearless, John Fearless shall retain a right of first priority security interest and a right of possession to all such delivered goods.  

 

The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.  Please note that orders are shipped Monday through Friday, and it may take at least three (3) business days from the date of the order for the products to ship. There may be occasional delays beyond the posted order processing time. These shipping terms are accepted by you by placing an order with us.

 

 

  • Advertising Disclaimer and Trademarks

 

We are not responsible for the accuracy of the descriptions posted on our website, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.

 

In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

 

All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners. 

 

 

  • Merchandising Materials; License.

 

      1. From time to time, John Fearless may provide you with access to certain marketing-related materials for use in reselling the products, including signage, graphics, artwork, and other proprietary customer-facing materials (collectively, the “Merchandising Materials”). John Fearless hereby grants to you a limited, terminable, non-exclusive right and license (the “Merchandising License”) to use the Merchandising Materials solely in connection with and for the specific purpose of marketing and selling the products, subject in all respects to the following:
        1. The Merchandising Materials may not be altered, amended, defaced, manipulated, copied or appropriated for other purposes, without the express written consent of John Fearless;
        2. The Merchandising Materials may not be used for the benefit of any products other than the John Fearless products; and
        3. Use of the Merchandising Materials and/or the Merchandising License must comply in all respects with any directions or instructions that John Fearless may provide from time to time (including those set forth in any standards or guidelines issued by John Fearless), whether or not such directions or instructions are provided at the same time or in the same method as the Merchandising Materials.
      2. Merchandising License Term. The term of the Merchandising License shall be until the earlier of (i) written notice of termination by John Fearless (for any reason whatsoever and in its sole and absolute discretion), or (ii) six (6) months after your most recent purchase of products from John Fearless (the “Term”). Upon conclusion of the Term hereunder, the Merchandising License shall automatically terminate, without any further action of the parties.
      3. Ownership. Subject to the express rights and licenses granted in this Terms and Conditions of Sale, you acknowledge and agree as follows:  
        1. Any and all John Fearless’s intellectual property, including the “JOHN FEARLESS” and the “BREW BOLD. BREW FEARLESS.” marks, and those reflected or referenced on the products or in the Marketing Materials (collectively, the “Intellectual Property”), is the sole and exclusive property of John Fearless or its licensors;
        2. You will not acquire any ownership interest in any of the Intellectual Property;
        3. Any goodwill derived from the use of the Intellectual Property inures to the benefit of John Fearless or its licensors, as the case may be;
        4.  If you acquire any rights in or relating to any goods purchased under this Terms and Conditions of Sale (including any rights in any trademarks, derivative works or patent improvements relating thereto), by operation of law, or otherwise, these rights are deemed and are hereby irrevocably assigned to John Fearless or its licensors, as the case may be, without further action by either party; and
        5. You will use the rights granted under the Merchandising License solely in accordance with this Terms and Conditions of Sale and the instructions of John Fearless.
      4. Negative Covenants.  During and after the Term of this Terms and Conditions of Sale, you will not do any of the following:
        1. Register or apply for registrations, anywhere in the world, for the Intellectual Property or any rights that are similar to, confusingly similar to, or otherwise incorporate the Intellectual Property;
        2. Use any mark, anywhere, that is confusingly similar to the Intellectual Property, except as permitted under the Merchandising License;
        3. Engage in any action that tends to disparage, dilute the value of, or reflect negatively on the products or John Fearless; or
        4. Misappropriate any of the Intellectual Property for use as a domain name or internet search term, without prior written consent of John Fearless.

 

  • Sale of Goods; Manufacture Suggested Retail Price.

 

      1. You acknowledge that you are acquiring the products for the purposes of trade or business only.
      2. You may not resell John Fearless products through any online auction or online store, including but not limited to Amazon or eBay, without the express, written authority of John Fearless. John Fearless shall have sole discretion to determine what online marketplace, if any, are eligible for your resale. 
      3. The products must be sold at the recommended retail price (as notified to you by John Fearless) unless the products are advertised as being “on sale” or the equivalent.  John Fearless may cancel all orders and indefinitely terminate any supply relationship with you if John Fearless determines you have advertised, offered, or sold products at a retail price that is either offered in connection with a material discount or sale or that is inconsistent with the recommended retail price (as notified to you by John Fearless).  

 

  • Reselling to Wholesaler Accounts.

 

If you distribute John Fearless products to any entity for resale, you must require that your customer strictly adheres to the terms within this Terms and Conditions of Sale.  If you do not enforce these Terms and Conditions of Sale with your own resale customers, John Fearless, in its sole discretion, may cancel all pending and future orders and/or terminate its relationship with you. 

 

 

  • Return Policy

 

While we do not offer any warranties with respect to the products available through our site, we are committed to working with you to address your concerns. We offer a seven (7) day return policy on selected items. To return products, you must call 1-800-288-5056 or e-mail our Returns Department at sales@johnfearless.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice or order number, item description, and nature of the problem.

 

To expedite the processing of your refund or credit, we ask that products be returned within seven (7) days of the date that we issue the RMA. All returned products MUST be 100% complete, contain ALL original boxes and packing materials and contain all written material shipped with the products. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

 

You must inspect all deliveries immediately and notify us immediately in writing of all claims for damages or defects. If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately.

 

Defective returns can be returned directly to us within seven (7) days from the invoice date for, at our discretion, credit, replacement, exchange or repair. Nondefective returns can be accepted directly by us within seven (7) days from the invoice date for, at our discretion, credit or exchange. All nondefective returns are subject to a fifteen percent (15%) restocking fee.  You may return products for credit or exchange only if the sealed package is unopened.

 

Questions regarding our return policy should be addressed via e-mail to sales@johnfearless.com. This policy sets forth your sole and exclusive rights with respect to return of products that you may purchase through our site.

 

  • Disclaimer and Limitation of Liability

 

Our responsibility for defects relating to the products available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. 

 

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE. IN NO EVENT SHALL CIATTI CRAFT BEVERAGES, LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF CIATTI CRAFT BEVERAGES, LLC IS AUTHORIZED TO MODIFY THIS LIMITATION.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), 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 SITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.

 

 

  • Indemnification

 

To the fullest extent permitted by law, you agree to indemnify, hold harmless, and defend Ciatti Craft Beverages, LLC, its affiliates, parents, and subsidiaries, and their respective agents, officers, directors, employees, partners, consultants, independent contractors, successors and assigns against any and all loss, claim of loss, injury, costs and damages arising from (i) your purchase, display, or use of products (except where such claims relate to breach of any warranties provided by John Fearless), (ii) your breach of the terms hereof, or (iii) your or your representatives’ gross negligence or willful misconduct.

 

  • Deterioration of Buyer’s Credit.

 

      1. John Fearless has the right, in addition to other remedies provided by law, to terminate any delivery or suspend further deliveries of other shipments in the event you fail to pay for any one shipment when the same becomes due.  In such an event, John Fearless may charge a fifty percent (50%) cancellation fee on any outstanding purchase orders or the unfulfilled portion of such orders. Should your financial condition become unsatisfactory to John Fearless, we may require cash payments or satisfactory securities for delivery of products.
      2. John Fearless may terminate this agreement with immediate effect by giving written notice to you if:
        1. You have failed to comply with a written notice given by John Fearless specifying a breach of these Terms and Conditions of Sale and requiring you to remedy it within fourteen (14) days; 
        2. You are an individual or company, and have filed for bankruptcy; or
        3. You are a company, and are placed in liquidation or receivership.
      3. On termination, John Fearless shall have the right to deal with the products at its absolute discretion.

 

  • Safe Shopping Guarantee

 

Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. This guarantee applies to purchases made using our secure server (https://www.johnfearless.com).

 

 

  • Privacy and Customer Information

 

We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Notice [INSERT HYPERLINK TO PRIVACY NOTICE HERE].

 

At any time, you may update your customer account information by following the instructions posted elsewhere on this site. Here, you may update your name, password, billing address, shipping address, e-mail address, and telephone number.

 

 

  • Force Majeure

 

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of products available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

 

  • Entire Agreement

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

 

 

  • Governing Law and Statute of Limitations

 

This site (excluding linked sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of Marin County Superior Court and the United States District Court for the Northern District of California with respect to such matters.

 

Any cause of action brought by you against us or our affiliates must be instituted with one (1) year after the cause of action arises or be deemed forever waived and barred.

 

We make no representation that the products available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.