Terms and Conditions

1. Terms and Conditions

Who’s Brew is a web-based marketplace. We provide a space where independent coffee roasters (“Providers”) list and sell their products directly to customers. Who’s Brew does not roast, package, produce, ship products, or fulfill orders. Who’s Brew is not responsible for product fulfillment and product-related challenges.

By using Who’s Brew, you acknowledge and agree to the following:

• All purchases are made with and fulfilled by individual Providers.
• Each Provider is solely responsible for the accuracy of product listings, shipping, customer service, product quality, issue resolution, fulfillment, and all related product and fulfillment information.
• Who’s Brew is not responsible for product delays, product issues, delivery issues, or inaccuracies related to Provider orders, products, listings, or services.
• Providing a phone number during account creation or at checkout opts users into transactional SMS notifications (order, shipping and account updates). Message frequency varies.
• Marketing text messages (new roasts and offers) are sent only to users who separately opt in from their account settings and confirm by replying Y. Up to 4 marketing messages per month. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to opt out at any time or HELP for help.
• Who’s Brew may update our platform and policies at any time. Continued use of the platform constitutes acceptance of any revised terms.

2. Return and Refund Policy

Who’s Brew does not process or manage returns directly. Return and refund policies are governed by each individual Provider.

Here’s how it works:

• Providers have full autonomy of their business through Who’s Brew.
• Providers determine return policies, full or partial refunds, shipping refunds, and all related refund and return processes.
• All return processes are handled directly with the Provider who fulfilled the related order.
• Who’s Brew aligns its refund system with the Provider’s policies, including, but not limited to: refund type and amount; shipping reimbursement; restocking or handling fees.
• We recommend contacting the Provider directly for returns and related return interests. If a Provider is unresponsive after 7 business days of outreach, please contact Support@WhosBrewShop.com for assistance.

3. Shipping Policy

All shipments and products are managed by individual Providers.

As such:

• Shipping costs, carriers, and timelines are determined by the Providers.
• Who’s Brew does not guarantee delivery, delivery dates, nor is Who’s Brew responsible for logistics and related product fulfillment.
• All shipping-related info originates from the Provider and may be visible through your account/order confirmation. Please contact the Provider for all fulfillment-related information related to an order.
• For issues related to delivery or incorrect items, contact the Provider associated with your order.
• Some Providers’ products ship free, or for less, on qualifying orders. The conditions of each offer (such as a minimum amount of that Provider’s items after discounts, and the shipping speeds and destinations it covers) are shown with the offer and at checkout, and the shipping shown at checkout is the shipping charged. Faster shipping options cost the difference. Shipping waived on an order stays waived if the order later changes.

4. Privacy Summary

Whosbrew LLC takes your privacy seriously. Here’s how we protect your data:

• We collect only the necessary information to process your order and manage your account.
• Your data is never sold. If you accept cookies, we share limited, hashed identifiers and purchase events with advertising platforms (Meta and LinkedIn) to measure our ads — see the Privacy Policy.
• All payment processing is handled securely through Stripe and other authorized providers.
• We do not store or retain credit card data.
• To request data access or deletion, contact us at Support@WhosBrewShop.com. The full Privacy Policy is available at /privacy.

5. Disclaimers

To ensure transparency and clarity, please note the following:

• Product Liability: All products are solely the responsibility of the Provider. Who’s Brew is not liable for damage, mislabeling, or product issues and challenges.
• Allergy Disclaimer: Coffee products may be processed in facilities that handle allergens. Customers must verify allergen details with the Provider prior to purchase.
• Listing Accuracy: Providers are responsible for listing accuracy and content updates. Who’s Brew does not guarantee that product descriptions are complete or error-free.
• Damaged or Spoiled Goods: If products arrive damaged or compromised, contact the Provider directly. If no resolution is provided after 7 business days, contact Support@WhosBrewShop.com.
• Certifications and Accreditations: Reference to certifications and accreditations may extend to third-party offerings and providers available through Who’s Brew. Reference to certifications and accreditations may be on behalf of select third-party offerings or providers. Contact Who’s Brew for additional info at Support@WhosBrewShop.com.

6. Limitation of Liability

To the fullest extent permitted by law, Who’s Brew shall not be liable for any indirect, incidental, punitive, or consequential damages arising out of or related to use of this platform or any products purchased through it.

7. INDEMNIFICATION

By using Who’s Brew, you agree to indemnify and hold harmless Who’s Brew, its founders, affiliates, partners, and employees from any claim or demand — including reasonable attorneys’ fees — made by any third party due to or arising from your breach of these terms, your violation of any law, or your use of the platform.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal proceedings shall be brought exclusively in the courts located in the State of Florida.

9. Arbitration Agreement

ANY DISPUTES ARISING FROM INTERACTION WITH OR USE OF WHO’S BREW THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

10. Credit Risk and Chargebacks

Providers acknowledge and agree that:

• They are responsible for any chargebacks or refunds resulting from non-fulfillment of orders.
• Who’s Brew reserves the right to withhold payouts or recover funds in the event of excessive chargebacks or refunds.
• ALL SHALL INDEMNIFY AND HOLD HARMLESS WHO’S BREW FOR ANY LIABILITIES ARISING FROM USE OF OR INTERACTING WITH WHO’S BREW.

11. Fraud Prevention

To mitigate fraud risk:

• Providers must provide accurate and truthful information during registration and product listings.
• Who’s Brew reserves the right to suspend or terminate Provider accounts suspected of fraudulent activities.
• ALL SHALL INDEMNIFY AND HOLD HARMLESS WHO’S BREW FROM ANY CLAIMS OR DAMAGES RESULTING FROM FRAUDULENT ACTIONS.

12. Account Security

All are responsible for:

• Maintaining the confidentiality of their account credentials.
• Notifying Who’s Brew immediately of any unauthorized access or security breaches via Support@WhosBrewShop.com.
• Whosbrew LLC is not liable for any losses resulting from account takeovers or unauthorized access.

13. Free-Shipping Promotions

Who’s Brew may offer customers free or reduced shipping on a Provider’s products (a “free-shipping policy”). Providers acknowledge and agree that:

• Who’s Brew sets, changes, and ends free-shipping policies for Providers’ stores, including their conditions (such as a minimum amount, number, weight, or volume of the Provider’s items, measured after the Provider’s own discounts and by the size stated on each product) and the shipping services and destinations they cover. The policy in force when an order is paid applies to that order for as long as the order exists.
• The Provider funds the shipping waived on its items, up to what the Provider earns on that order after commission and the Provider’s share of payment processing fees. Where the shipping costs more than that, the customer is charged the difference as shipping, and checkout says so before the customer pays. Who’s Brew does not fund free shipping.
• For shipping labels Who’s Brew purchases, the waived shipping is deducted from that order’s payout, after commission and the Provider’s share of payment processing fees. For orders the Provider ships with its own labels, the waived shipping is not remitted to the Provider. Any amount a payout cannot cover may be recovered from the Provider’s future payouts.
• If an order is refunded or charged back through Who’s Brew, the amount reversed from the Provider includes the same proportion of the free shipping the Provider funded. Amounts that cannot be reversed from a payout may be recovered from the Provider’s future payouts.
• If a shipping label for a free-shipping package is voided and refunded by the carrier, or no label is ever purchased for it, the Provider’s share for that package is returned to the Provider. If a label is later purchased for that package, the returned share may be recovered again.
• If an item swap on a free-shipping order requires a costlier label, the Provider funds the increase from the swap’s payout, up to what the swap pays the Provider for the items, and the customer is charged the rest as part of the swap. Where the swap is not charged, the Provider’s share is recovered from future payouts.
• Each free-shipping policy, its conditions, and its effect on payouts are shown in the Provider’s shipping settings and on each order’s payout.

Contact

Questions about these Terms can be sent to Support@WhosBrewShop.com. Website: www.whosbrewshop.com.