Terms of Service

 

1. Overview

This website is operated by Ferrari Bros LLC (“Mom ’n ’em Coffee,” “we,” “us,” or “our”). Throughout the site, the terms “we,” “us,” and “our” refer to Mom ’n ’em Coffee. By visiting our site or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all the terms, then you may not access the website or use any services.

2. Access and Eligibility

a. You must be at least 21 years of age to purchase wine or other alcoholic beverages from our site. Persons under 21 are prohibited from purchasing such products.
b. For all purchases, you agree to provide accurate, current, and complete account and payment information.
c. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

3. Sales and Ownership

Each product or service is sold by Mom ’n ’em Coffee, a licensed retailer in the State of Ohio. Title to and ownership of all alcoholic products pass to you in Ohio. You are solely responsible for compliance with local laws regarding the purchase, transportation, and delivery of alcohol in your jurisdiction.

4. Delivery and Shipment

By requesting shipment, you authorize Mom ’n ’em Coffee to engage a licensed carrier on your behalf. You are solely responsible for determining the legality of receiving alcohol shipments and for paying any applicable taxes or fees.
We reserve the right to delay shipments in the event of extreme weather or carrier limitations.

5. Holding Orders and Storage

We may hold completed orders up to 30 days after the ready date. After that, storage fees may apply at $10 per case per month. Extended holds may incur additional fees.

6. Prices and Availability

Prices and availability of all products are subject to change without notice. We reserve the right to limit quantities or discontinue products at any time.

7. Order Errors, Cancellations, and Returns

  • Order Errors: Contact us immediately at info@theferraribros.com for assistance.

  • Cancellations: Orders may be canceled within 24 hours unless the order has already shipped or is a pre-arrival item. In-stock orders canceled after this period may incur a 15% restocking fee.

  • Returns: Returns are evaluated on a case-by-case basis. We do not issue cash refunds for wine older than 10 years, gifts, or special orders.

  • Refused Shipments: Orders returned to us due to incorrect or undeliverable addresses will be refunded minus shipping and handling fees.

  • Legal Compliance: We are not responsible for shipments seized or destroyed due to violation of state shipping laws.

8. Gift Certificates and Promotions

Gift cards and promotional codes have no cash value, are non-transferable, and expire as stated unless prohibited by law. Lost or stolen cards cannot be replaced.

9. Copyright and Intellectual Property

All content on this site—including text, images, graphics, logos, and code—is the property of Mom ’n ’em Coffee or its content providers and is protected by U.S. and international copyright laws. You may not reproduce, distribute, or modify any part of the site without prior written consent.

10. User Content and Feedback

If you submit feedback, reviews, ideas, or other content (“User Content”), you grant Mom ’n ’em Coffee a perpetual, royalty-free, worldwide license to use, reproduce, and distribute that content. We may remove content we deem unlawful, offensive, or inappropriate.

You agree that your submissions will not violate any rights of third parties and will not contain defamatory, obscene, or illegal material.

11. Accuracy of Information

We strive to ensure the information on our site is accurate, but errors, omissions, or inaccuracies may occur. We reserve the right to correct such errors and update information without notice. Prices, product descriptions, and availability may change at any time.

12. Third-Party Links and Tools

Our website may contain links to third-party websites or tools we do not control. We are not responsible for the content, functionality, or accuracy of any third-party service. Use of such services is at your own risk.

13. Prohibited Uses

You agree not to use the site:

  • For any unlawful purpose or in violation of local, state, or federal law

  • To infringe on intellectual property rights

  • To harass, abuse, defame, or discriminate

  • To submit false information or upload malicious code

  • To interfere with the security features of the site

Violation of any of these prohibitions may result in immediate termination of your access.

14. Disclaimer of Warranties

The site and all products and services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind. Mom ’n ’em Coffee does not warrant that the site will be uninterrupted, error-free, or secure. Your use of the site is at your sole risk.

15. Limitation of Liability

In no case shall Mom ’n ’em Coffee, its affiliates, employees, or suppliers be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the site or products purchased, including lost profits, data, or goodwill. In jurisdictions that do not allow such limitations, our liability shall be limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify and hold harmless Mom ’n ’em Coffee, its owners, employees, and affiliates from any claim or demand made by a third party arising out of your breach of these Terms or your violation of any law or third-party rights.

17. Privacy

Your submission of personal information through the site is governed by our Privacy Policy, which is incorporated by reference.

18. Modifications to the Service

We may change or discontinue any part of the site or service at any time without notice. Continued use after changes constitutes acceptance of the updated Terms.

19. Governing Law and Arbitration

These Terms and all transactions through our site are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. Any disputes shall be resolved through binding arbitration in Cincinnati, Ohio, and you waive the right to trial by jury or class action.

20. Severability

If any part of these Terms is held invalid or unenforceable, that portion shall be severed, and the remaining Terms shall remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other policies linked herein, constitute the entire agreement between you and Mom ’n ’em Coffee.

22. Contact Information

Questions about these Terms of Service should be sent to info@theferraribros.com or mailed to:
Mom ’n ’em Coffee
3128 Colerain Ave
Cincinnati, OH 45225