Terms of service

Effective Date: August 17, 2025

Legal Entity: Mornin Sizzle LLC. Brand name: Mornin' Sizzle Coffee Roasters™. HQ: Dover, DE 19901. Contact: compliance@morninsizzle.com.

Overview

Mornin Sizzle LLC operates this website and store under the brand name Mornin' Sizzle Coffee Roasters™ (the “Services”). The store is powered by Shopify. These Terms, together with policies referenced here, govern your use of the Services. By visiting, interacting with, or using the Services, you agree to these Terms and to our Privacy Policy and Cookie Policy. If you do not agree, do not use the Services.

1. Access and Account

You represent you are at least the age of majority in your state or territory. Individuals under the age of majority may not place orders. You may be asked to provide contact, billing, payment, and shipping information. You warrant it is current and complete and that you have rights to provide it. Keep credentials confidential. You are responsible for your account activity. You may not sell or transfer your account.

2. Our Products

We work to present products accurately. Colors or appearance may differ on your device. Descriptions and availability may change without notice. We may discontinue products and limit quantities by person, household, account, payment method, or address. Maximum quantity per item is 10. For bulk sales contact us.

Measurements. All weights and serving sizes are shown in ounces (oz) and/or pounds (lb).

No rights sold. Purchase does not grant rights in our trademarks, brand, creative, recipes, or other intellectual property beyond personal use of the purchased item.

3. Orders

Your order is an offer to purchase. We may accept or decline at our discretion. We must receive and process payment before acceptance. We may cancel or limit orders and will attempt to notify you using the email, billing address, or phone number you provided. Your purchases are subject to Section 5A. You warrant your purchases are for personal or household use and not for unauthorized resale or export.

4. Prices and Billing

Prices, discounts, and promotions may change without notice. The price at checkout applies and appears in your confirmation email. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, and import charges. You agree to provide accurate payment details and authorize charges for the order total, shipping, and applicable taxes. Accepted methods: Shopify Payments, Shop Pay, Visa, Mastercard, American Express, Diners Club, Discover, Apple Pay, Google Pay, and Amazon Pay.

5. Shipping and Delivery

We ship within the United States using USPS and FedEx. Delivery windows are estimates and are not guarantees. We are not responsible for carrier delays, customs, or events outside our control.

Risk of loss and proof of delivery. Title and risk of loss pass to you when we deliver items to the carrier. Carrier delivery confirmation is deemed proof of delivery absent credible evidence of tampering. Any replacement, refund, or reshipment is at our sole discretion and not guaranteed.

5A. Returns and Refunds

Food goods (final sale). Due to food safety and freshness, food items are final sale and cannot be returned or exchanged. If your food order is damaged, missing, or incorrect, email brewcrew@morninsizzle.com within 3 days of the carrier marking the shipment delivered (based on the carrier tracking timestamp) and include your order number, tracking number, and photos of the packaging, shipping label, and affected item(s).

Merchandise returns. We accept returns for merchandise within 7 days of delivery (based on the carrier tracking timestamp). Returned items must be unused, unworn, unwashed, and in original condition with any tags/packaging included. Customers are responsible for return shipping costs.

Restocking fee (merchandise). Approved merchandise returns are subject to a 15% restocking fee, which is deducted from the merchandise item subtotal (excluding original shipping, taxes, duties, and other fees). Original shipping charges (if any) are not refundable.

Damaged, defective, or wrong merchandise. If your merch arrives defective, misprinted, damaged in transit, or you receive the wrong item, email us within 3 days of delivery (based on the carrier tracking timestamp) and include photos showing the issue. If confirmed, we will cover return shipping and the restocking fee will not apply.

Processing time. Once we receive and inspect an eligible return (or confirm an eligible issue), we will issue a refund and/or send a replacement, as appropriate. Please allow up to 10 business days after we receive your return (or your request and supporting information) to process a refund or ship a replacement.

Non-returnable items. Gift cards are non-returnable and non-refundable. Any final sale items (if marked as such) are not eligible for return.

6. Intellectual Property

The Services and all content are owned by Mornin Sizzle LLC, its affiliates, or licensors, and are protected by intellectual property laws. You may use the Services for personal, non-commercial use only unless we grant written permission. Except as allowed by law, do not copy, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit content without our written consent. Our names, logos, product and service names, designs, and slogans are trademarks of Mornin Sizzle LLC or licensors. Shopify marks are owned by Shopify. Other marks belong to their owners.

6A. Health, Allergen, Safety, and Medical Liability

  • Products contain caffeine and other ingredients that may affect individuals differently.
  • You are solely responsible for evaluating allergies, sensitivities, medical conditions, medications, and caffeine tolerance before use.
  • You assume all risks from selection, storage, preparation, and consumption, including allergic reactions, caffeine-related effects, medical events, property damage, and misuse.
  • To the fullest extent permitted by law, Mornin Sizzle LLC is not liable for any injury or damage arising from or related to use or misuse of the products. Nothing here limits liability that cannot be limited by law.

7. Optional Tools

We may provide access to third-party tools we do not control. Tools are provided as is and as available without warranties or endorsements. Use is at your own risk and subject to the third party’s terms.

8. Third-Party Links

The Services may contain links or embedded features from third parties. We are not responsible for examining or evaluating their content or policies. Your use of third-party sites is at your own risk. Direct questions to the third party.

9. Relationship with Shopify

The store is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases you make in our store are made directly with Mornin Sizzle LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage, or loss resulting from purchased products and services. You release Shopify and its affiliates from claims arising from your purchases and transactions with us.

10. Privacy Policy

Personal information is handled under our Privacy Policy. Shopify collects and processes information about access to and use of the Services to operate and improve hosted commerce services. Information you submit will be transmitted to Shopify and third parties that may be located in countries other than where you reside to provide services to you.

Text messaging terms

  • Reply STOP to opt out. Reply HELP for help.
  • Message and data rates may apply.
  • Message frequency may vary.
  • See our Privacy Policy for details.

11. Feedback

If you submit ideas, suggestions, reviews, or other content (Feedback), you grant Mornin Sizzle LLC a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose. You represent you own or have rights to the Feedback, have disclosed any compensation, and that your Feedback complies with these Terms. We may monitor, edit, or remove Feedback at our discretion.

12. Errors, Inaccuracies, and Omissions

Information may contain typographical errors, inaccuracies, or omissions, including product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We may correct errors and change or update information or cancel orders if information is inaccurate at any time without notice, including after you submit your order. We act in good faith and update information within a reasonable period.

13. Prohibited Uses

Use the Services only for lawful purposes. Do not violate laws, infringe IP, harass or harm others, impersonate, send spam, upload malware, probe or disrupt systems, scrape or crawl, attempt fraud, or bypass security. Attempts to bait, entrap, or create disputes are prohibited. We may suspend, disable, or terminate accounts that violate these Terms.

14. Termination

We may terminate these Terms or your access to the Services at any time in our discretion without notice. You remain liable for amounts due up to the termination date. Sections that by their nature should survive will survive.

15. Disclaimer of Warranties

Except as expressly stated by Mornin Sizzle LLC, the Services and all products are provided as is and as available without warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not warrant that use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow certain disclaimers.

16. Limitation of Liability

To the fullest extent permitted by law, in no case shall Mornin Sizzle LLC or our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for indirect, incidental, special, punitive, or consequential damages, including personal injury, allergic reactions, medical issues, property damage, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Services or products. Our total liability for all claims in any 12-month period is the greater of 100 USD or the amounts you paid to us in that period. Nothing here excludes liability that cannot be excluded by law.

17. Indemnification

You agree to indemnify and hold harmless Mornin Sizzle LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys’ fees arising out of your breach of these Terms, violation of law or third-party rights, or misuse of the Services or products. We may control the defense and settlement of claims at your expense.

18. Severability

If any provision of these Terms is unlawful, void, or unenforceable, that provision is enforced to the fullest extent permitted and the remainder remains valid.

19. Waiver; Entire Agreement

Failure to enforce a right is not a waiver. These Terms and policies referenced on the site are the entire agreement between you and us and supersede prior agreements. Ambiguities are not construed against the drafting party.

20. Assignment

You may not assign or delegate these Terms without our written consent. We may assign without notice.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware. Exclusive venue lies in the state courts of Kent County, Delaware and the United States District Court for the District of Delaware. You and we waive jury trial. No class or representative actions.

22. Headings

Headings are for convenience and do not affect interpretation.

23. Changes to Terms

We may update these Terms by posting changes with a new effective date. Continued use after changes means acceptance.

24. Contact Information

Questions: compliance@morninsizzle.com.

25. Force Majeure

We are not liable for delay or failure caused by events beyond our control, including carrier issues, labor actions, outages, or natural events.

26. Export, Resale, and MAP

Export and resale of branded products are allowed only for approved accounts. Unapproved export or resale is prohibited. We may enforce through cease and desist or other remedies. Approved resellers must follow our Minimum Advertised Price policy and may not advertise below MAP.

27. User Content and Media Rights

Submissions to us. If you send or upload reviews, photos, videos, or other content to us, you grant Mornin Sizzle LLC a perpetual, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display that content in any media for any purpose, including advertising, without compensation. You represent you own or control all rights. Where allowed by law you waive moral rights.

Public posts featuring our products. If you publicly post content that features Mornin' Sizzle products or branding, including tagging our accounts or using our brand hashtags, you grant the same license. You retain ownership of your content. We do not claim your copyrights.

28. Cookies

Our Services use cookies and tracking technologies. For details on the types of cookies used, their purposes, and how to manage them, please visit our Cookie Policy.