the following terms and conditions (henceforth: the terms and conditions) create a legally binding agreement between you and smiley coffee llc (ein: 33-2695611) (henceforth: smiley coffee; may be referred to as “us” and “we”) and apply to all use of and orders placed on smiley coffee website smileycoffee1972.com, and orders made by telephone or e-mail with smiley coffee’s customer service team (henceforth together: the “website”). please note that smiley coffee does not guarantee that all products presented on the website are in stock or are available for purchase. smiley coffee reserves its right to stop selling a product. smiley coffee reserves the right to revise the terms and conditions at any time. the date of the latest update is found in the final section of the terms and conditions. users are responsible for keeping themselves updated with such changes. please note that the terms and conditions valid for your order are always the terms and conditions that are in effect as of the time that you place your order and not a later version. you should keep a copy of these terms and conditions for future reference.

by using the website and/or placing an order on the website, by telephone or e-mail you confirm that you have read the terms and conditions and the privacy policy, and that you accept them. please make sure that you have read and understood the terms and conditions before you place an order. before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. if prolonged inactivity causes your connection to the website to fail, your selection of products may be lost. in such case, you will be required to re-enter your selection of products to the shopping bag.

the website is intended solely for smiley coffee to sell smiley coffee/smiley 1972 products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. purchase for resale means the purchase of smiley coffee/smiley 1972 product by someone who resells, or intends to resell, the smiley coffee/smiley 1972 product to others (consumers, businesses or any third party). if smiley coffee believes you are involved in purchase for resale, smiley coffee reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

after submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.

please note that all orders placed by you are subject to acceptance by us. we may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. the shipping confirmation or pick-up notification is our acceptance of your order. please note that smiley coffee does not guarantee that all products presented on the website are in stock at the time of your order. if a product is unavailable, we will contact you shortly, by phone or by e-mail. if we already have received payment for such product, we will refund you the amount of the purchase. the prices of the products will be as displayed on the website. prices may change from time to time, but changes will not affect any order which we have confirmed in an order confirmation.

fulfilment of all orders on the website is subject to availability. we explicitly reserve the right not to accept your order for any reason. we also reserve the right to cancel a contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the contract we cancelled:

• the product is not available / in stock;
• your billing information is not correct / verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• you are a reseller;
• we could not deliver to the address provided by you;
• due to an Event Outside Our Control (see below).

smiley coffee cannot guarantee that the content of smileycoffee1972.com is at all time free of inaccuracies or typographical errors, or up-to-date. smiley coffee is allowed to, at anytime, change the site’s content and items available in the product range. errors may occur, even though smiley coffee always strives to display the correct texts, images and pricing on the site and web shop. in case of you being charged the wrong amount when shopping from smileycoffee1972.com, we will give you the option of placing a new order with the correct price or by cancelling your order. if we cannot get in touch with you, we will cancel your order automatically. smiley coffee cannot be held responsible for any damage caused from using the site or from not being able to use the site. a problem-free, uninterrupted, and secure access to the site cannot be guaranteed by smiley coffee.

any in-stock orders can only be cancelled if the order has not yet been fulfilled. the cancellation policy below lays out how you can change or cancel pre-order purchases.

when you purchase a pre-order, you are buying an out-of-stock or soon-to-be-available product not yet in inventory. we may collect no payment or a partial deposit at checkout, store your payment method, then fulfill and charge the full or remaining payment at a future date.

you can cancel a partially paid pre-order order that has not yet been fulfilled.

payment can be made by the following credit cards and payment methods: visa, mastercard, discover, diners club, maestro, american express, shop pay, apple pay, google pay. we do not accept any method of payment other than those listed on the website. the purchases made with visa and mastercard are verified by a secure code. please note that your card is debited with the purchase amount once smiley coffee has sent you the order confirmation email. we do our best to make the website as secure as possible. all credit/debit card transactions on the website are processed using shopify payments, a secure online payment gateway that encrypts your card details in a secure host environment. payment will be debited and cleared from your account upon acceptance of your order by smiley coffee. you confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. all credit/debit card holders are subject to validation checks and authorization by the card issuer. if the issuer of your payment card refuses to authorize payment to smiley coffee, your order will be cancelled.

we retain title in any product(s) until we have received full payment for such product(s).

when selecting the paypal option, you will be directed to the paypal site to “log in” and review the amount shown before clicking “pay now”. once this transaction is complete, you will then return to the website.

the product prices displayed on the website are excluded from local tax, which are calculated at the checkout. shipping rates are applied per order. the exact shipping rates depend on the country where your order is being delivered to.

prices are quoted in us dollar. if you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.

we offer different shipping methods to meet your needs as further specified when you check out. we aim to dispatch all orders within 48 hours during weekdays (except the weekends and us bank holidays). we use express and standard services for domestic orders with delivery times ranging from 2 to 7 business days, and standard service for international orders with delivery times ranging from 1 to 4 weeks. please note that delivery times are provided as guidelines only, and commence from the date of dispatch. the delivery times do not take into account possible delays caused by payment authorization and/or stock availability. to avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.

all international orders are shipped ddp (delivery duties paid), for which the payment is collected at the checkout. however, the customer is responsible to clear any additional taxes that may occur due to the different customs regulations in the destination country.

items purchased on smileycoffee1972.com are eligible for return or exchange within 14 days of delivery.

if you wish to return or exchange an item, you can request a return authorization by contacting us at support@smileycoffee1972.com or by logging into your account and requesting for a direct return. please make sure to state your order number and the name of the item you wish to return. once you have received a confirmation from us, you will be sent a free return label for self-return, and/or more information on exchanges. free returns/exchanges are only available for the us orders.

we do not offer free international returns. returns and exchanges for international orders can only be self-initiated within 14 days of delivery. for return address, please email us at support@smileycoffee1972.com.

items marked as final sale and items such as: coffee beans, drinkware, books - are always final and cannot be returned.

important information on returns:

• items must be returned in perfect and unused condition.
• items must be returned exactly as received. items must be returned in their original, undamaged packaging as this is considered part of the product.
• when returning by mail, please make sure to return the item and its corresponding box inside another solid carton box to not damage the original packaging. preferably the original outer packaging used to ship your order.
• smiley coffee reserves the right to reject and dispose of any returned items that do not meet above requirements. if your return is disposed, you will be notified via email.
• please note that smiley coffee will not refund taxes, duties, and/or any additional charges that may occur. shipping costs for uncollected packages will not be refunded.

when the returns are received, they are inspected and determined by flexport whether they are in sellable condition or not. the following conditions would have to be met for products to be deemed unsellable and therefore disposed of:

• missing packaging
• damaged product
• dirty product
• missing labels
• damaged packaging
• odor

returns that are received with the type of damage listed above would result in the product being destroyed and would not be eligible for a refund.

all returns fulfilling the above criteria that are shipped back within the 14-day time period will be refunded to the original form of payment. delivery costs will be deducted from your refund. please note that smiley coffee will not refund taxes, duties, and/or any additional charges that may occur. shipping costs for uncollected packages will not be refunded. once received, refunds take approximately 3-5 business days to process to your bank account/credit card and up to 7 business days to refund through paypal. upon completion, a refund confirmation email will be generated. please note that return and refund processing may take additional time during peak seasonal times.

if you receive an item classified as faulty and/or damaged, you must contact us within 7 days of receipt. smiley coffee’s quality guarantee only covers possible manufacturing defects and cannot be held responsible for defects due to:

• failure or damage caused by improper use or carelessness.
• aesthetical changes, defects and/or damages caused by normal wear/tear and aging.

an event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.

if an event outside our control takes place that affects the performance of our obligations under these terms of sale:

a) We will contact you as soon as reasonably possible to notify you; and

b) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.

where the event outside our control affects our delivery of a product to you, we will arrange a new delivery date with you after the event outside our control is over. you may cancel the contract if an event outside our control takes place and you no longer wish us to provide the products.

the copyright in the documents (including, without limitation, the trademarks of smiley coffee llc and of smiley world limited, logos, graphics, photos, text, design, icons, images, data and software) provided in this website are owned by or licensed to smiley coffee llc, smiley world limited and its affiliates. you are authorized to use material from smileycoffee1972.com only for personal, non-commercial use. you may download, print and store copies of this material for your own personal, non-commercial use, provided this copyright permission notice is included in all such copies. you may not charge anyone for use of the material and you may not publish, retransmit or otherwise distribute the material to others, without prior written consent from smiley coffee. you may not modify the material in any way, without prior written permission from smiley coffee. except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.

our website and all of the information and materials included on it including the design, layout, look, appearance, graphics, organization of the contents of the website, photographs, images, illustrations, text, fonts, video, music, sound, audio clips, logos, trademarks - whether they are registered or not, figurative or not - all other marks, service marks, brand names, trade or business names, domain names and urls, software (“content”) are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. we reserve all such rights.

you are permitted to download and print content from the website for your personal use but are not allowed to use such content for any commercial or business purposes. you must not copy or reproduce (except where the copy or reproduction is made for personal non-commercial use), publish, disclose, distribute, provide to the public, republish, communicate, display, remove, delete, add to, the website content or create derivative works of any of the website content for any purpose, unless authorized to do so in writing by us or our licensors.

any use which is not expressly permitted by these terms is prohibited. unauthorized use of the website or the content contained on it may violate applicable intellectual property laws or other laws.

smiley coffee’s liabilities to you are limited in each separate case to these terms and conditions unless otherwise is stipulated by law. in no case whatsoever will we assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters, pandemics or similar events. smiley coffee’s liabilities to you will never exceed your total purchase amount for each order. in case of force majeure, smiley coffee’s obligations will be suspended. the contract between you and smiley coffee can, in such cases, be partially or fully terminated by yourself or by us.

the latest update of the terms and conditions of smiley coffee was made in september 2025.

we may collect the following information about you:

• your name, age/date of birth and gender
• your email address
• your billing, delivery or home address and telephone numbers (including mobile numbers)
• details of your purchases and orders
• your online browsing activity
• your password(s)
• your payment card details when you make a purchase or place an order with us
• your communication and marketing preferences
• your location
• your correspondence and communications with us including notes of telephone calls and webchat exchanges
• details of reviews which you post
• your attendance at events we run
• your competition answers or other competition submissions
• other publicly available personal data, including any which you have shared via a public platform (such as a twitter feed or public facebook page).

Depending on how you are interacting with us, we (and trusted partners acting on our behalf) use your personal data:

• to fulfil contractual agreements between you and us (for example when you place an order for products through our website)
• to manage any registered account(s) that you hold with us
• to verify your identity
• to respond to a query and manage other customer service interactions with you
• to send you information about our products by post
• for market research purposes - to better understand your needs
• to provide you with a personalised browsing experience when using our website
• to send you details (by phone, e-mail or sms) of promotional offers and products and services which we think may interest you, where you have consented to this (and have not withdrawn such consent) or where we have a legitimate business interest because you are a customer or have engaged with us to buy our products (and have not opted out of such communications)
• to let you know about and invite you to events
• to administer competitions we run from time to time
• for crime and fraud prevention, detection and related purposes
• to comply with legal and regulatory requirements
• to assess, operate and improve our website, the services provided through it and customer services
• where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute)
• to fulfil a contract we have with you
• when it is our legal duty
• when it is in our legitimate interest
• when we have your consent

You have various right to:

• find out what information we hold about you and to access a copy of your personal data that we hold and receive certain supplementary information
• correct any inaccurate information we hold about you
• request the erasure of the information that we hold about you
• restrict processing of personal data in certain circumstances
• to object to personal data processing based on legitimate interests.

to exercise any of these rights, please contact us using the details in the contact section below. these rights are subject to certain limitations and exemptions. therefore, please consider your request carefully before submitting it.

our website and emails use cookies. cookies are small files stored on your computer’s hard drive which are used to collect information about your visit to the website and interaction with our emails. cookies help to provide users with a good experience when browsing our website and also allow us to improve our website. we also use cookies to measure the effectiveness of our marketing communications by tracking how you interact with our content when we send you marketing emails (e.g. whether you open an email or click on a link in an email we send you).

while there are many different uses for first and third party cookies, the cookies used by us all fall into one of three main categories being either functional needed to make sure our website runs optimally or third-party marketing/targeting cookies.

please select and accept your tracking preferences:

smiley coffee and our advertising partners (including social media platforms like google, facebook, and instagram) use tracking to provide personalized offers to give you the full smiley coffee experience. this includes sending you “targeted messages on 3rd party advertising platforms” as described in the privacy notice. if you don’t accept this tracking, you will still see smiley coffee advertisements on other platforms at random.

we use functional tracking to analyse how our website is being used. this data helps us to discover errors and develop new designs. it also allows us to test the effectiveness of our website. furthermore, these cookies provide insights for advertising analysis and affiliate marketing.

we use cookies to enable essential website operations and to ensure certain features work properly, like the option to log in or add a product to your shopping cart. this tracking is always enabled, otherwise, you can’t view the website or shop online.

we collect device information using the following technologies: “cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. for more information about cookies, and how to disable cookies, visit allaboutcookies.org.

“log files” track actions occurring on the site, and collect data including your ip address, browser type, internet service provider, referring/exit pages, and date/time stamps.

“web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the site.

you can always change your preference by visiting the “cookie settings” at the bottom of each page of our websites.

for a comprehensive and up-to-date summary of every third-party accessing your web browser (smileycoffee1972.com or otherwise), we recommend installing a web browser plugin built for this purpose. you can also choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. you do this through your browser settings on each browser and device that you use. each browser is a little different, so look at your browser help menu to learn the correct way to modify your cookies. if you turn cookies off, you may not have access to many features that make our website more efficient and some of our services will not function properly. there are also general resources for opting out of interest-based advertising available on the website of the digital advertising alliance.

additionally when you make a purchase or attempt to make a purchase through the site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. we refer to this information as “order information.” when we talk about “personal information” in this privacy policy, we are talking both about device information and order information.

we use the order information that we collect generally to fulfill any orders placed through the site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). additionally, we use this order information to:

• communicate with you
• screen our orders for potential risk or fraud

when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

we use the device information that we collect to help us screen for potential risk and fraud (in particular, your ip address), and more generally to improve and optimize our site (for example, by generating analytics about how our customers browse and interact with the site, and to assess the success of our marketing and advertising campaigns).

we share your personal information with third parties to help us use your personal information, as described above. for example, we use shopify to power our online store – you can read more about how shopify uses your personal information here. we also use google analytics to help us understand how our customers use the site – you can read more about how google uses your personal information here. you can also opt out of google analytics here. finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

as described above, we use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. for more information about how targeted advertising works, you can visit the network advertising initiative’s (“nai”) educational page here. you can opt out of targeted advertising by using the links here: facebook and google. additionally, you can opt out of some of these services by visiting the digital advertising alliance’s opt-out portal here.

please note that we do not alter our site’s data collection and use practices when we see a do not track signal from your browser.

when you place an order through the site, we will maintain your order information for our records unless and until you ask us to delete this information.

applicable law and our practices change over time. if we decide to update our privacy policy, we will post the changes on our website. if we materially change the way in which we process your personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. we strongly encourage you to read our privacy policy and keep yourself informed of our practices. this privacy policy was last modified in september 2025.

for more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at support@smileycoffee1972.com