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Terms and Conditions

PLEASE READ THESE ONLINE SHOP TERMS AND CONDITIONS VERY CAREFULLY. THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND Humm Kombucha, LLC, A OREGON LIMITED LIABILITY COMPANY (“Humm Kombucha”).  BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING YOUR ORDER OF Humm Kombucha PRODUCTS (“PRODUCTS”), YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “I ACCEPT” BUTTON AND ABANDON YOUR PURCHASE OF PRODUCTS.

TERMS OF USE. The Terms of Use for our website located at URL http://www.hummkombucha.com (“Home Page”) and all subsidiary pages (collectively “Site”) under the hummkmbucha.com domain are expressly incorporated into this Agreement by this reference.

ONLINE SHOP. This Agreement covers the terms of our sale and your purchase of Products through our online shop located at hummkombucha.com (“Online Shop” and with the Home Page and the Site, the “Website”).

CREDENTIALS. You are solely responsible for the supervision, management, and control of your login credentials. Humm Kombucha DOES NOT PROTECT YOU FROM UNAUTHORIZED USE OF YOUR CREDENTIALS. Any person using your login credentials is conclusively deemed to have actual authority to engage in transactions in the Online Shop, and, accordingly, all sales of Products made by a person using your credential are hereby authorized by you. You shall immediately notify Humm Kombucha if you become aware of any unauthorized use of your credentials and we will thereafter suspend your account as soon as practicable. 

PURCHASES. You are responsible for all Product purchases and amounts due under your login credentials. You are responsible for paying in full the purchase price for Products, the shipping and handling charges and any taxes due as more fully set forth in your Online Shop order.

SHIPPING INSTRUCTIONS. We will ship Products to the address you enter in our Online Shop order form using the shipping method you select.

PACKING AND HANDLING. All Products ordered by you shall be packed in accordance with our standard practices. We will not accept and cannot accommodate any special requests for custom containers, packing, crating, boxing or bundling. Humm Kombucha shall not be liable for delays or failures in performance due to causes beyond its reasonable control, including but not limited to acts of God, strikes, government actions, or supply shortages. In such events, timelines may be extended, and no refunds will be issued for delays. 

RISK OF LOSS. All Products are shipped EXW and you shall bear the risk of loss upon our delivery of the Products to the common carrier at our shipping location. Any claims for loss, shortage or damage to the Products arising following our delivery to the common carrier should be submitted to the common carrier.

PAYMENTS. You hereby authorize Humm Kombucha to charge the full purchase price for Products and the shipping and handling charges and taxes due as more fully set forth in your Online Shop order to the credit card or bank account you provided incident to the order. You assume all responsibility for notifying us of changes in credit card numbers and/or expiration dates or in any change in status of the applicable bank account, as the case may be. If your credit card is denied when charged or if an ACH or other debit to the depositary account is rejected, we may charge and collect from you a "bad account" fee of twenty five ($25.00) dollars for any declined or rejected transaction. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of Humm Kombucha’s billing department within 90 days after the end of the questioned billing period. Charges beyond 90 days old are not subject to review, reversal or refund. YOU HEREBY REPRESENT AND WARRANT THAT (I) THE CREDIT CARD, DEBIT CARD OR BANK ACCOUNT INFORMATION SUPPLIED TO Humm Kombucha IS TRUE, CORRECT AND COMPLETE, (II) AMOUNTS DUE FROM YOU WILL BE HONORED BY YOUR BANK OR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL YOUR PURCHASES ON THE ONLINE SHOP AT THE PRICES IN EFFECT AT THE TIME INCURRED. You remain solely responsible to pay for Product purchases following declination of your credit card, ACH transaction, eCheck or otherwise.

TAX. You shall be responsible for all sales, use and other taxes and all applicable duties, levies and export fees and similar charges imposed by any federal, state or local government entity with respect to your purchases of Products and authorize us to charge such due amounts in addition to the amounts set forth above.

PRODUCT WARRANTY. Humm Kombucha hereby represents and warrants (the “Limited Warranty”) that the Products shall conform to their applicable FDA beverage label, and be fit for human consumption for the shorter period of (i) 9 months from production date if continuously refrigerated following delivery, or (ii) two weeks from the date of first removal from refrigeration following delivery, if not continuously refrigerated (as applicable, the “Warranty Period”). Humm Kombucha HEREBY DISCLAIMS ALL OTHER WARRANTIES REGARDING THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 

LIMITED LIABILITY. Humm Kombucha’s LIABILITY TO YOU IS LIMITED. Humm Kombucha will, as its sole liability and as your sole remedy for such failure, replace or refund the full purchase price of any Product that fails to meet the Limited Warranty during the applicable Warranty Period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Humm Kombucha BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THE LIMITED WARRANTY AND THE REPLACEMENT OR REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT SHALL BE YOUR SOLE REMEDY FOR ANY SUCH FAILURE AND Humm Kombucha’s SOLE LIABILITY IN SUCH EVENT. 

LOYALTY BONUS PROGRAM - STORE CREDIT. Humm Kombucha may offer Store Credit in exchange for referrals or as a loyalty bonus ('Store Credit') for eligible customers. The following terms govern the issuance and use of Store Credit:

  • Eligibility: Store Credit may be awarded at Humm Kombucha's sole discretion based on purchase history, account activity, customer referrals, or any other criteria we establish. Eligibility is not guaranteed and does not guarantee issuance, and we reserve the right to deny or revoke Store Credit for any reason, including suspected abuse or violation of this Agreement. 
  • Issuance: Store credit will be issued in U.S. dollars as a digital balance tied to your customer account on the Online Shop. You may be notified via email, push notification, SMS, or via your account dashboard when Store Credit is awarded. No cash value is assigned to Store Credit unless required by applicable law. 
  • Redemption: Store Credit may be applied toward the purchase price of Products in the Online Shop, excluding shipping, handling, taxes, unless otherwise specified. Store Credit redemption is limited to one-time purchases or first subscription orders. Store Credit cannot be applied to existing subscription purchases. Store Credit is non-transferable, cannot be combined with other promotions unless we permit, and must be redeemed by the account holder to whom it was issued. Partial redemption is not available; the full available balance will be applied to eligible purchases. 
  • Expiration: Store Credit has varying expiration periods based on how it is accrued. When a new account is created, you may be awarded a $5 Store Credit. This initial Credit is valid for 30 days. Store Credit that is earned as a "cash back" incentive expires 12 months from the date of issuance unless otherwise stated. Expired Store Credit is forfeited and cannot be reinstated. THESE TERMS ARE SUBJECT TO CHANGE AND HUMM RESERVES THE RIGHT TO CANCEL OR MODIFY ALL OFFERS, PROMOTIONS, OR INCENTIVES AT ANY TIME. 
  • Limitations: Store Credit cannot be redeemed for cash, resold, or applied to prior purchases. It is valid only on the Online Shop and not through other sales channels (e.g. third-party marketplaces). We may limit the maximum Store Credit issued per account. 
  • Wallet Pass Option: You may opt to view and manage your Store Credit balance through a digital pass compatible with Google Wallet or Apple Wallet ('Wallet Pass'). The Wallet Pass is optional and provided for convenience; it reflects the current Store Credit balance tied to your Online Shop account, updated periodically as determined by Humm Kombucha. To obtain a Wallet Pass, follow the instructed listed in your account dashboard. Humm Kombucha is not responsible for delays, errors, or inaccessibility of the Wallet Pass due to third-party services (e.g. Google, Apple), device issues, or your failure to maintain the pass. The authoritative Store Credit balance is maintained in your Online Shop account, and any discrepancy between the Wallet Pass and account balance will be resolved in favor of the account balance. 
  • Referral via QR Code: The Wallet Pass may include a QR code allowing you to refer friends to the Online Shop. If a referred friend completes a qualifying purchase using the referral link generated by scanning the QR code, Humm Kombucha may, at its sole discretion, award additional Store Credit to your account as a referral bonus. Referral bonuses are subject to separate terms provided at the time of the offer, including minimum purchase amounts and eligibility criteria. Humm Kombucha reserves the right to reject or revoke referral bonuses for suspected abuse (e.g. self-referrals, spamming, or existing customer referral), and such decisions are final. 
  • Modification or Termination: Humm Kombucha reserves the right to modify, suspend, or terminate the loyalty bonus program, including any Store Credit balances, at any time without prior notice, provided such changes comply with applicable law. Upon termination, unredeemed Store Credit may be forfeited unless otherwise required. 
  • Abuse: Any attempt to manipulate, exploit, or fraudulently obtain Store Credit (e.g. through multiple accounts or returns abuse) will result in revocation of Store Credit, account suspension, or legal action. 

By participating in the loyalty bonus program ("Booch Bucks"), you agree to these terms. Store Credit is a promotional benefit, not a right, and its use is subject to this Agreement. 

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

GENERAL. In the event a dispute arises regarding this Agreement or the use of the Online Shop or any Products purchased therein, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. 

BINDING ARBITRATION: Any dispute, claim, or controversy arising out of or relating to this Agreement, the use of the Online Shop, or the purchase, delivery, or quality of any Products (collectively, “Dispute”) shall be resolved exclusively through binding arbitration, rather than in court, except as provided below. You and Humm Kombucha agree that arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), and the arbitration shall take place in Bend, Oregon, unless otherwise agreed in writing by both parties. The arbitration will be conducted by a single, neutral arbitrator appointed by the AAA. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. You and Humm Kombucha waive any right to a jury trial or to participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate more than one person’s claims or preside over any such proceeding. Each party shall bear its own costs and attorney’s fees, except that the prevailing party may recover reasonable arbitrator fees and administrative costs as determined by the arbitrator. This arbitration agreement does not preclude seeking injunctive relief in court for irreparable harm or filing claims with government agencies as permitted by law. Before arbitration, you must provide written notice of the Dispute to Humm Kombucha at support@hummkombucha.com, and we will attempt to resolve it informally within sixty (60) days; if unresolved, either party may commence arbitration.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Shop, or to this Agreement or to the Products must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement without the prior written consent of Humm Kombucha, but Humm Kombucha may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Humm Kombucha may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Website. This Agreement, including the Terms of Use, constitutes the entire agreement between you and Humm Kombucha regarding the subject matter hereof.

MODIFICATIONS. Humm Kombucha may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the ingredients of any Products; and (c) discontinue the Website or any Products at any time. Humm Kombucha shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT. BY INTERACTING WITH THE WEBSITE AND COMPLETING YOUR PURCHASE IN OUR ONLINE SHOP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE ENTER INTO AND BE BOUND BY IT.