Terms and Conditions
Gumption Coffee Inc.
Read this first
These Terms include an arbitration clause and a class action waiver in Section 17.
If we have a dispute we cannot resolve between us, it goes to a single neutral arbitrator instead of a court, and you give up the right to bring or join a class action against us. That is a real limit on your rights.
You can opt out of arbitration within 30 days. Section 17.9 tells you how.
1. Who we are and what these Terms cover
This website at gumptioncoffee.com is operated by Gumption Coffee Inc. Orders placed on this website are sold to you by Gumption Coffee Inc.
In these Terms, "Gumption", "we", "us" and "our" mean Gumption Coffee Inc. together with its subsidiaries and affiliates.
Purchases made in our cafés are not governed by these Terms. Each café is operated by a separate company, identified in our in-store Returns and Refunds Policy, and a café purchase is a contract with the company that operates that café.
These Terms of Service govern your use of the site. They apply whether you browse, create an account, submit content, or place an order.
Purchases are also governed by our Terms of Sale, our Shipping Policy and our Returns and Refunds Policy. Those documents are part of your agreement with us. Where a conflict arises between these Terms and one of those documents, the more specific document governs the subject it addresses.
Your personal information is handled as set out in our Privacy Policy.
2. Acceptance
By accessing the site, creating an account, or placing an order you agree to these Terms.
If you do not agree, do not use the site.
3. Eligibility
You must be at least 18 years old to place an order or create an account.
By ordering you represent that you are at least 18, that the information you give us is accurate and current, and that you are using a payment method you are authorised to use.
We do not knowingly permit account creation by anyone under 18.
4. Changes to these Terms
We may change these Terms at any time by posting an updated version to this page with a new last updated date.
Changes take effect when posted. Your continued use of the site, or placing a further order, after that date means you accept the updated Terms.
Changes to Section 17 do not apply retroactively to a dispute of which we had actual notice before the change was posted.
5. Your account
You are responsible for everything that happens under your account, including any order placed and any charge incurred, whether or not you authorised it.
You must keep your login details confidential and tell us promptly at support@gumptioncoffee.com if you believe your account has been accessed without your permission.
We may suspend, restrict or close any account at any time, with or without notice, including where we believe an account is being used in breach of these Terms or in a way that harms our interests or another customer.
6. Acceptable use
You may use this site to browse and to buy products for personal, family or household use.
You may not:
- Use the site for any unlawful purpose, or to solicit others to act unlawfully
- Buy for resale, or place orders you reasonably should know are for resale, without our prior written agreement
- Use automated means to access, scrape, index, monitor or copy any part of the site, or to place orders
- Interfere with, disable or circumvent any security or access-control feature
- Upload or transmit malicious code, or anything that damages or interferes with the operation of the site
- Collect or harvest personal information about other users
- Impersonate any person, or misrepresent your affiliation with any person or organisation
- Submit false or misleading information
- Use the site in a way that imposes an unreasonable load on our infrastructure
- Frame, mirror or reverse engineer any part of the site
- Use our name, logos, trade dress or product imagery without our prior written permission
We may investigate any suspected breach and may involve law enforcement.
7. Our intellectual property
All content on this site belongs to us or to our licensors. This includes text, product descriptions, photography, video, graphics, logos, page layout, and the selection and arrangement of all of it.
Our name, our logos and our product names are our trade marks. You may not use them in any way that suggests we endorse, sponsor or are affiliated with you or your business.
You may view the site and print or download content for your own personal, non-commercial use. Nothing else is granted. Every other right is reserved.
Any unauthorised use ends your permission to use the site immediately.
8. Content you submit
If you submit a review, photograph, comment, question, testimonial or any other material to us or to our site ("Your Content"), you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute and display Your Content in any medium, including in advertising, and to do so without payment or attribution.
You confirm that:
- Your Content is yours to give, and using it will not breach anyone else's rights
- Your Content is not unlawful, defamatory, obscene, threatening, harassing, deceptive or otherwise objectionable
- Any person identifiable in Your Content has consented to its use as described above
We are under no obligation to publish, keep confidential, monitor, review, edit or respond to Your Content, and we may remove or refuse any of it at any time for any reason without notice or explanation.
You are solely responsible for Your Content. We accept no liability for it.
9. Reviews
Reviews must reflect a genuine experience of a product you actually bought.
We do not pay for reviews. We may decline to publish, or may remove, any review, including one that is off-topic, abusive, contains personal information, promotes another business, or that we believe to be inauthentic.
Publishing a review does not mean we agree with it.
10. Product information, images and availability
We describe our products as accurately as we can. We do not warrant that any description, image, price or other content on the site is accurate, complete, current or free of error.
Coffee is an agricultural product. Flavour, appearance and characteristics vary between harvests, lots and roast batches. Tasting notes describe what we taste and are not a guarantee of what you will taste.
Colours shown on your screen depend on your device. We cannot guarantee that what you see matches the product exactly.
Products may be limited in quantity, discontinued, or unavailable without notice. Listing a product does not guarantee it will be available.
We may limit or refuse the quantity of any product sold to any person, household or address.
11. Pricing and errors
Prices are in United States dollars and may change without notice.
Prices displayed online may differ from prices in our cafés.
If a product is listed at an incorrect price, or with incorrect information, because of a typographical, technical, pricing or supplier error, we may refuse or cancel the order. We may do this whether or not the order has been confirmed and whether or not your payment method has been charged. If your payment method has been charged and we cancel, we will reverse the charge for the cancelled items.
Sending you an order confirmation does not mean we have accepted your order. Order acceptance is dealt with in our Terms of Sale.
12. Third-party links, tools and services
The site may link to or make available third-party sites, tools, content and services. We do not control them, we do not review them, and we do not endorse them.
Your use of any third-party site or service is at your own risk and is governed by that third party's terms. Take any complaint about a third-party product or service to that third party.
We are not liable for any loss arising from your use of, or reliance on, any third-party site, tool, content or service.
13. Communications
By placing an order or creating an account you agree that we may send you transactional messages by email, including order confirmations, shipping notices and service notices about your account or your order.
You may unsubscribe from marketing email at any time using the link in any marketing message. Unsubscribing from marketing does not stop transactional messages.
You agree that we may provide notices, agreements and disclosures to you electronically, and that electronic delivery satisfies any requirement that they be in writing.
14. Disclaimer of warranties
The site and everything on it is provided on an "as is" and "as available" basis.
To the fullest extent permitted by law we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the site will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any defect will be corrected.
We do not warrant that any result obtained from using the site or any product will meet your expectations.
Nothing in this section limits any warranty or right that cannot be limited or excluded under applicable law.
15. Limitation of liability
To the fullest extent permitted by law, neither Gumption nor its officers, directors, employees, contractors, agents, suppliers or service providers is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, data, goodwill or business opportunity, arising out of or connected with your use of the site or any product bought through it, on any legal theory, and whether or not we were advised that such loss was possible.
To the fullest extent permitted by law, our total aggregate liability arising out of or connected with these Terms, the site, or any product bought through the site is limited to the greater of the amount you paid for the product giving rise to the claim, or one hundred United States dollars.
These limits do not apply to liability for death or personal injury caused by our negligence, to fraud or fraudulent misrepresentation, to gross negligence or wilful misconduct, or to any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so some or all of this section may not apply to you. Where a limitation is not permitted, our liability is limited to the maximum extent the law allows.
16. Indemnity
You agree to indemnify, defend and hold harmless Gumption and its officers, directors, employees, contractors, agents, suppliers and service providers against any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of or connected with:
- Your breach of these Terms or any document they incorporate
- Your violation of any law or of the rights of any third party
- Your Content
- Your use or misuse of the site or of any product bought through it
We may assume the exclusive defence and control of any matter subject to this indemnity, at your expense. You agree to cooperate with us in that defence and not to settle any matter without our prior written consent.
17. Dispute resolution and binding arbitration
Read this section carefully. It affects your legal rights, including your right to bring a case in court and your right to take part in a class action.
17.1 Talk to us first
Before starting arbitration or any other proceeding, you agree to tell us about the dispute in writing at support@gumptioncoffee.com, setting out what happened, what you want, and how to contact you.
You agree to give us 60 days from the date we receive that notice to resolve it. If we have a dispute with you, we will do the same.
Neither of us may start arbitration until that 60 days has passed. Any limitation period is paused while it runs.
17.2 Agreement to arbitrate
If the dispute is not resolved under Section 17.1, you and Gumption agree that any claim, dispute or controversy arising out of or relating in any way to the site, these Terms, any purchase, or the relationship between us, will be resolved exclusively and finally by binding individual arbitration, and not in court before a judge or jury.
This agreement to arbitrate is to be interpreted broadly. It covers claims under any statute, regulation, or legal or equitable theory, and it survives termination of these Terms and the end of your relationship with us.
The Federal Arbitration Act governs the interpretation and enforcement of this section.
17.3 Rules and administration
Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, and, where they apply, its supplementary rules for multiple case filings, each as in effect at the time of filing.
Where five or more similar arbitration demands are filed against us by the same counsel or by coordinated counsel, the AAA fee schedule applicable to multiple case filings applies to all of those claims, to the exclusion of any other fee schedule.
17.4 Who decides what
The arbitrator has exclusive authority to resolve any dispute about the interpretation, scope, applicability, enforceability, formation or validity of this Section 17, including any argument that it is void or voidable, except as set out in Section 17.6.
17.5 Costs and fees
To the fullest extent permitted by law, the arbitrator will award the prevailing party its reasonable legal fees, expert fees, arbitration administration and arbitrator fees, and other costs of the arbitration, in the amounts the arbitrator considers appropriate.
For this section, a prevailing party includes a party that obtains relief on any claim or defence, whether by award, dismissal or otherwise.
17.6 Class action waiver
You and Gumption agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and not in a private attorney general capacity.
The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.
The arbitrator has no authority to decide whether this class action waiver is enforceable. Any challenge to the enforceability of this waiver may be brought only in a court of competent jurisdiction.
If this class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, is severed from arbitration and may proceed in the courts identified in Section 18. The remainder of this Section 17 continues to apply to all other claims.
17.7 Small claims
Either of us may bring an individual claim in small claims court instead of arbitration, if the claim qualifies and stays in that court on an individual basis.
17.8 Claims this section does not cover
This Section 17 does not apply to:
- A claim alleging sexual assault or sexual harassment, where federal law gives the claimant the right to decline predispute arbitration. The claimant may elect arbitration or court
- A claim for public injunctive relief, to the extent a waiver of the right to seek public injunctive relief is unenforceable under applicable law, including California law. Such a claim is severed and may be brought in the courts identified in Section 18, and the rest of this Section 17 continues to apply to all other claims
- An action by either of us to protect intellectual property rights by injunction or other equitable relief
- Any claim that applicable law does not permit to be arbitrated
17.9 How to opt out
You can opt out of this Section 17.
Send an email to support@gumptioncoffee.com within 30 days of the date you first place an order or create an account, whichever is earlier, with the subject line "Arbitration Opt-Out". Include your full name, the email address on your account, and a statement that you are opting out of arbitration.
That is the whole process. Opting out has no effect on anything else. It does not affect your order, your account, your ability to buy from us, or how we treat you. Nothing else in these Terms changes.
If you opt out, disputes between us are resolved in the courts identified in Section 18.
If you do not opt out within 30 days, you are bound by this Section 17.
17.10 Severability of this section
If any part of this Section 17 other than the class action waiver is found unenforceable, that part is severed and the rest of Section 17 continues in force.
If the class action waiver in Section 17.6 is found unenforceable in its entirety, then this Section 17 does not apply and disputes are resolved in the courts identified in Section 18.
18. Governing law and jurisdiction
These Terms and any dispute arising out of or relating to them, the site, or any purchase, including non-contractual disputes, are governed by the laws of the State of New York, without regard to its conflict of laws rules.
Where a claim is not subject to arbitration under Section 17, you and Gumption submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and waive any objection to jurisdiction or venue in those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19. Time limit on claims
To the fullest extent permitted by law, any claim arising out of or relating to these Terms, the site, or any purchase must be brought within one year after the claim arises. A claim brought after that period is permanently barred.
20. Termination
These Terms remain in force while you use the site.
We may terminate or suspend your access to the site, and your account, at any time, with or without notice, and without liability.
Termination does not affect any obligation or liability either of us has already incurred. Sections 7, 8, 14, 15, 16, 17, 18 and 19 survive termination.
21. General
Severability. If any provision of these Terms is found invalid or unenforceable, it is limited or removed to the minimum extent necessary and the remaining provisions continue in full force.
No waiver. Our failure to enforce any provision is not a waiver of it or of any other provision. A waiver is effective only if we give it in writing.
Assignment. You may not assign or transfer these Terms or any right under them. We may assign or transfer them without restriction, including in connection with a merger, acquisition or sale of assets.
Force majeure. We are not liable for any failure or delay in performance caused by anything beyond our reasonable control, including natural events, fire, flood, epidemic, strike, supply failure, crop failure, carrier failure, utility or network failure, or government action.
Entire agreement. These Terms, together with the Terms of Sale, Shipping Policy, Returns and Refunds Policy and Privacy Policy, are the entire agreement between us about the site and supersede all earlier agreements and understandings on that subject.
No third-party beneficiaries. These Terms do not create any right in any person other than you and us, except that the subsidiaries and affiliates of Gumption Coffee Inc. may rely on and enforce Sections 14 to 19 as if they were a party to these Terms.
Headings. Headings are for convenience and do not affect interpretation.
22. Contact
Gumption Coffee
support@gumptioncoffee.com
Last updated: 4 Aug 2026