Terms of service

Terms of Service

Last updated: May 27, 2026

Overview

This website (www.capsucup.com, the "Site") is operated by Sterlingoods LLC, a Florida limited liability company with its principal place of business at 8620 NW 64th St., Unit 13, Miami, FL 33166, USA (EIN 82-5485035). Throughout these Terms of Service, the terms "we," "us," "our," "Capsucup," and "Sterlingoods" refer to Sterlingoods LLC.

We offer this Site, including all information, tools, products, and services available from it (the "Service"), to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Returns and Refunds Policy, our Shipping Policy, our SMS Terms (if you opt in), and any additional terms referenced or linked from this Site (together, the "Agreement").

Please read these Terms carefully. Section 17 below contains a binding arbitration agreement and class action waiver that affect your legal rights. If you do not agree to these Terms, you may not access the Site or use the Service.

Our Site is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

1. Eligibility and Online Store Terms

By agreeing to these Terms, you represent and warrant that:

  • You are at least 18 years of age (or the age of majority in your jurisdiction, whichever is older);
  • You have the legal capacity to enter into a binding contract;
  • You will not use our Service for any illegal or unauthorized purpose; and
  • You will not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright, trademark, and consumer protection laws.

You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of these Terms will result in immediate termination of your access to the Service.

2. General Conditions

We reserve the right to refuse service to anyone, for any lawful reason, at any time.

You understand that your content (excluding payment card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transmission using TLS 1.2 or higher, and is handled exclusively by our PCI-DSS compliant payment processors.

You agree not to reproduce, duplicate, copy, sell, resell, scrape, or exploit any portion of the Service, the Site, or its content without our express written permission.

Section headings in these Terms are for convenience only and do not limit or otherwise affect these Terms.

3. Accuracy, Completeness, and Timeliness of Information

We make reasonable efforts to keep information on the Site accurate and current, but we are not responsible if information on the Site is not accurate, complete, or current. Product descriptions, ingredient lists, machine-compatibility statements, images, and pricing are provided for general reference. The material on this Site is not a substitute for professional advice (medical, dietary, legal, or otherwise).

Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site.

4. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

5. Products and Services

Certain products may be available exclusively online through our Site. These products may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.

We make every effort to display the colors, packaging, and images of our products as accurately as possible. We cannot guarantee that your device's display of any color will be accurate.

We reserve the right (but are not obligated) to limit the sales of our products to any person, geographic region, or jurisdiction, and to limit the quantities of any products that we offer. All descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

Food product disclosure: Our coffee capsules and specialty foods are produced in facilities that may handle allergens including milk, soy, wheat, tree nuts (including pistachio), and other common allergens. Please review individual product labels and consult with a healthcare provider if you have allergies or dietary restrictions. We make no medical or therapeutic claims about our products.

Machine compatibility: Where we indicate compatibility with third-party coffee systems (e.g., Nespresso Original, Dolce Gusto, Keurig), this is for reference only. We are not affiliated with, sponsored by, or endorsed by Nestlé Nespresso S.A., Société des Produits Nestlé S.A., or Keurig Dr Pepper Inc. All trademarks are the property of their respective owners.

6. Accuracy of Billing and Account Information

We reserve the right to refuse any order. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or the same billing/shipping address. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or unauthorized distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account information, including your email, billing address, and payment details, so that we can complete your transactions and contact you when necessary.

For more detail on returns, refunds, and cancellations, please review our Returns and Refunds Policy.

7. Promotions, Discount Codes, and Loyalty Offers

From time to time, we may offer promotional codes, discounts, or loyalty rewards. Unless otherwise stated:

  • Promotional codes are single-use, non-transferable, and may not be combined with other offers.
  • Codes may not be applied retroactively to orders placed before the promotion period.
  • We reserve the right to modify, suspend, or terminate any promotion at any time.
  • Codes obtained through unauthorized channels (e.g., third-party coupon sites that publish private codes) may be voided.
  • Subscriptions and bulk orders may be excluded from certain promotions.

8. Sales Tax

Sterlingoods LLC collects and remits sales tax in U.S. states where we have a tax obligation (economic nexus or physical nexus), including but not limited to Florida and other states in which we exceed applicable thresholds. Applicable taxes will be calculated and displayed at checkout.

9. Optional Tools and Third-Party Services

We may provide you with access to third-party tools (e.g., Shopify, Klaviyo, Google, Meta, TikTok, payment processors, shipping carriers) over which we do not monitor or have control. We provide access to such tools "as is" and "as available" without warranties of any kind. We are not liable for your use of optional third-party tools.

10. Third-Party Links and Marketplaces

The Site may include links to third-party websites or services not operated by us, and we also sell our products on third-party marketplaces including Amazon, Walmart, and eBay.

Purchases made on third-party marketplaces are governed by that marketplace's terms of service and policies, not these Terms. Returns, refunds, and disputes for marketplace orders must be initiated through the marketplace where the purchase was made.

We are not responsible for the content, accuracy, or practices of third-party websites or marketplaces, and we will not have any liability for them.

11. Wholesale and B2B Customers

These Terms apply to consumer purchases from our Site. Wholesale and business-to-business ("B2B") purchases are governed by separate written agreements, purchase orders, and our Wholesale Terms and Conditions. In the event of any conflict between these Terms and a signed wholesale agreement, the wholesale agreement controls. Contact us at hello@sterlingoods.com or help@sterlingoods.com for B2B inquiries.

12. User Comments, Reviews, Feedback, and Submissions

If you send us comments, reviews, creative ideas, suggestions, proposals, or other materials ("Comments"), whether through our Site, social media, email, or otherwise, you agree that we may, without restriction, use, edit, copy, publish, distribute, translate, and otherwise use such Comments in any medium.

We have no obligation to: (1) maintain Comments in confidence; (2) pay compensation for Comments; or (3) respond to Comments.

We may, but are not obligated to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, infringing of intellectual property rights, or otherwise objectionable.

You agree that your Comments will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights, and will not contain libelous, unlawful, abusive, or obscene material, or any virus or malicious code.

You are solely responsible for your Comments and their accuracy. We take no responsibility and assume no liability for Comments posted by you or any third party.

13. Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy, available at www.capsucup.com/policies/privacy-policy.

14. SMS Messaging and Communications

If you opt in to receive SMS text messages from Capsucup, you agree to the Capsucup SMS Terms, available at www.capsucup.com/policies/sms-terms. SMS consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying STOP. By providing your email or phone number, you also agree to receive transactional communications (order confirmations, shipping updates, account notices) related to your purchases.

15. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions, including in product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders (even after submission) if any information is inaccurate. We undertake no obligation to update or amend information except as required by law.

16. Prohibited Uses

In addition to other prohibitions in these Terms, you are prohibited from using the Site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local laws, regulations, or ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person based on protected characteristics; (f) to submit false or misleading information; (g) to upload viruses or any malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape the Site; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website; (l) to resell, redistribute, or commercially exploit products purchased from us without our written authorization (other than authorized wholesale customers); or (m) to use any automated system, including bots or scrapers, to access or interact with the Service.

We reserve the right to terminate your use of the Service for violating any of these prohibitions.

17. Mandatory Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

17.1 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your purchase of products from us, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Miami-Dade County, Florida, or at another mutually agreed location.

17.2 Class Action Waiver

You and Sterlingoods agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

17.3 Exceptions

This arbitration agreement does not apply to: (a) small-claims court actions where the claim qualifies; (b) actions to enforce intellectual property rights; or (c) injunctive or equitable relief.

17.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to Sterlingoods LLC, Attn: Legal, 8620 NW 64th St., Unit 13, Miami, FL 33166, USA, or by email to hello@sterlingoods.com, within 30 days of first accepting these Terms. Your opt-out notice must include your full name, mailing address, email address, and an unambiguous statement that you wish to opt out of arbitration.

17.5 Governing Law and Venue

If for any reason a claim proceeds in court rather than arbitration, both parties agree to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and waive any objection to venue in such courts.

18. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

THE SERVICE AND ALL PRODUCTS DELIVERED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, except as expressly stated in our Returns and Refunds Policy or as required by applicable consumer protection law.

IN NO EVENT SHALL STERLINGOODS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCT PURCHASED THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum aggregate liability: Where liability cannot be excluded under applicable law, our maximum aggregate liability to you for any claim arising out of or relating to these Terms or your purchase will not exceed the amount you paid to us for the product giving rise to the claim, in the 12 months preceding the claim.

Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

19. Indemnification

You agree to indemnify, defend, and hold harmless Sterlingoods LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim, demand, or liability, including reasonable attorneys' fees, made by any third party arising out of or related to your breach of these Terms, your violation of any law, or your violation of the rights of a third party.

20. Force Majeure

Neither party shall be liable for any failure or delay in performance (other than payment obligations) caused by events beyond reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action (including tariffs, sanctions, embargoes, or customs delays), labor disputes, supply chain disruption, internet or utility outages, or carrier failures. Affected obligations will be suspended for the duration of the event.

21. DMCA / Copyright Infringement Notices

If you believe that content on our Site infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent:

DMCA Agent — Sterlingoods LLC 8620 NW 64th St., Unit 13 Miami, FL 33166, USA Email: hello@sterlingoods.com Phone: +1 (305) 570-5172

Your notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and its location on the Site; (4) your contact information; (5) a statement of good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.

22. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

23. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this Agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Service. If, in our sole judgment, you fail (or we suspect that you have failed) to comply with any term or provision of these Terms, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

24. Entire Agreement

The failure of Sterlingoods to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with our Privacy Policy, Returns and Refunds Policy, Shipping Policy, and SMS Terms, constitute the entire agreement between you and Sterlingoods and govern your use of the Service, superseding any prior agreements between you and us. Any ambiguities in interpretation shall not be construed against the drafting party.

25. Governing Law

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law principles. Venue is as set forth in Section 17.5.

26. Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. For material changes, we will provide notice by updating the "Last updated" date above and, where appropriate, by email or prominent notice on the Site. Your continued use of the Service after the effective date of any changes constitutes your acceptance of those changes.

27. Contact Information

Questions about these Terms of Service should be sent to us at: