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Terms and conditions

“Machine subscription” and “Coffee subscription”

Terms and Conditions valid from 21st July 2021

1. Whereas

The following Terms and Conditions of sale regulate the supply of illy products, in relation to “Machine subscription” and “Coffee subscription” Programme (hereinafter “The Programme”), to which the Consumer has joined through the Website https://www.illy.com/en-gb (hereinafter “The Website”) or by calling the Customer Care number 01604 821234 (option 3) (hereinafter “The Customer Care”). These Terms and Conditions of sale are compliant with the applicable Consumer protection and e-commerce transactions laws.

The applicable General Terms and Conditions are those in force at the time of conclusion of the subscription contract in the ways provided for in Article 5.

Please refer to Terms and Conditions for e-commerce, as far as not expressly provided for in these conditions. In the event of conflict, the present Terms and Conditions of sale in relation to “Machine subscription” and “Coffee subscription” Programmes shall prevail.

The Consumer can contact Customer Care by telephone at 01604 821234 (option 3) (hereinafter “The Customer Care Service”), to receive further information.

The products can be purchased exclusively for domestic use and any sale to third parties is prohibited.

2. Parties of the Agreement

The Parties of the Agreement are:

- illycaffè: illycaffè UK Ltd with registered address at Unit 7/8 Osyth Close, Brackmills Industrial Estate, Northampton, England, NN4 7DY

- Customer: the end user is either a natural person (if he or she is of legal age at the date of conclusion of the contract) or a legal person (e.g.: professionals, small companies). For large companies there are further forms of agreement.

3. Programmes

illycaffè provides the possibility to join a Subscription Programme aimed to supply products periodically under the illy Trademark or other trademarks. The Client may choose between the following Programme options: 

-        “Machine subscription”: this is an annual Subscription Programme that provides for the purchase of a coffee machine (selected by the Customer among the models available for such subscription and provided under article no. 4) at a lower price than the market value and with an instalment plan and a coffee supply (iperespresso capsules, E.S.E. pods, Nespresso®* Compatible Capsules**, ground coffee, coffee beans and instant coffee) according to the coffee size pack  (XS, S, M, L, XL) chosen at the time of subscription. 

Each size of coffee pack supply provides for the monthly delivery of a certain quantity of illy products based on the customer's daily coffee consumption.

In the event of withdraw before 12 months have elapsed, the credit/debit card indicated when the subscription was taken out will be charged for all the remaining instalments.

-         “Coffee Subscription": this is a Subscription Programme that provides for the monthly supply of coffee products (to be chosen among iperespresso capsules, ground coffee, coffee beans, E.S.E. pods, Nespresso®* Compatible Capsules** and instant coffee) based on the coffee size pack (XS, S, M, L, XL) chosen according to the Customer coffee consumption. 

No charge will be made in the event of cancellation of the subscription.

4. Terms and conditions of the Programmes 

4.1 Machine Subscription

By joining the "machine subscription" Programme, the Customer:

- buys one of the coffee machine models listed in the table below with an installment plan. In case of withdrawal from the subscription in advance,  all the remaining instalments will be charged on the credit/debit card indicated when the subscription was taken out.

-  receives monthly supply of the coffee size pack (XS, S, M, L, XL) of the illy products selected among those listed in the table no .2 

After the first delivery, subsequent orders are charged directly to the registered credit/debit card with the modality and timing described in Article 8.

The duration of the Programme is 12 months. Upon expiration of the "machine subscription" Programme, the Customer shall be informed that his/her subscription shall continue under the conditions of the "coffee subscription" programme, if no withdraw notice is notified according to article no .13. In such a scenario, the Customer may retain the coffee machine without paying any further instalments.

The Client may withdraw from the Programme in advance in accordance with the procedures set out in article 13. In this case, the credit/debit card shall be debited in a lump sum for the amount of the instalments remaining until the natural expiry date of the Subscription.

Table 1: Machine models available for selection by the Customer who subscribes to a "Machine Subscription" Programme

Table 2: coffee size pack (monthly delivery included in the “Machine Subscription” programme

4.2 Coffee Subscription.

By joining the "machine subscription" programme, the Customer receives a monthly supply of the size (XS, S, M, L, XL) of the illy product chosen from the options available and indicated in the table below at the address indicated in the registration procedure.

After the first delivery, subsequent orders are charged directly to the registered credit/debit card with the modality and timing described in Article 8.

There is no predetermined expiration of the Programme. The contract, therefore, shall be effective until illycaffè or the Customer decides to withdraw according to the modalities and timing indicated in article 13.

* Third party trademark without any connection with illycaffè S. p. A.

** illy aluminium capsules are specifically designed to be used with Nespresso®* coffee machines, with the exception of the U®, Umilk®, Expert®,Expert&Milk®, Prodigio® and Prodigio&Milk® models purchased after 25 July 2016.

5. Ways to join to the Programme

The Customer can join the Programmes “Coffee Subscription” and “Machine Subscription” in two ways:

a) by telephone on 01604 821234  (Customer Care option 3)

b) by internet on the following Website: https://www.illy.com/en-gb

Illycaffè has not authorised any other way to take out the subscription.

5.1 Joining by telephone (Customer Care service)

The Customer can take out the subscription by telephone on 01604 821234, (option 3) providing the operator with all the mandatory information to complete the registration procedure, which is a prerequisite to join the Programme. After the registration procedure is completed, the Client can place his/her order and, simultaneously, join the subscription.

5.2 Joining the Programme through the Website.

First of all, the Customer shall choose and complete his/her customised configuration for the Machine Subscription or Coffee Subscription, then, as a requirement to join the Programmes, the Customer is asked to provide mandatory information and complete the registration procedure. After the completion of the registration procedure, the Customer shall receive his/her personal username and shall generate their password (hereinafter “the Credentials”).

The Customer is required to maintain the confidentiality and security of his/her Credentials which shall remain under his/her responsibility. Any successful login using the Credentials of the Customer, regardless of whether it was executed by the effective owner or someone else, shall be deemed as a personal access by the Customer. illycaffè is not liable for any loss or damage in failure to comply with such contractual provisions.

The Customer undertakes to notify illycaffè immediately if he/she knows or has reason to believe that his/her Credentials have been stolen or misused, or in case of any other security issue.

To complete the subscription procedure, the Customer shall place an order indicating:

-        the Products, that the Customer wishes to include in the subscription, among the available products for that Programme;

-        other elements to be personally selected by the Client (such as coffee size pack, products included);

-        the billing and shipping data of products purchased by joining the Programme.

The Customer shall accept such general terms and conditions to take out the subscription. The agreement is deemed accepted as soon as the Customer receives confirmation from the illycaffè. Such communication includes the summary of the undersigned terms and conditions and further details according to the applicable regulation relating to the rights of Consumers.

The language used to join the Programme is English.

6. Products features and Price

The main features of the products can be found on the Website, on the related product section. Please consider that the images and colour of the products may not exactly match with the item delivered.

The products delivered to the Customer have a remaining shelf life of more than 4 months.

The products sold under the Programme and, more generally, on the Website, are original products, with quality standards corresponding to those available on the market and distinguished by the trademarks owned by illycaffè or licensed to it.

The products are sold at the price (VAT included) indicated on the Website at the time of the purchase.

Prices may change during the term of the contract. Such variations shall always be promptly communicated to the Customer by e-mail, in addition to being published on the Website. If the Customer does not intend to accept the variation, he or she may withdraw from the Subscription Programme pursuant to Article 13.

7. Amendments related to the Programme

Monthly illycaffè shall deliver to the Customer the coffee size pack selected by the Customer, according to the frequency indicated at the time of the registration.

The Customer may change the settings of recurring orders at any time and without any additional charge:

-        Personal information (e.g. delivery address, billing information)

-        Terms of payment 

-        The size and composition of the coffee pack selected 

The amendments shall be requested by contacting Customer Care or accessing the Website in the "My Account" section, without any additional charge, and within 24 working hours prior to the date of shipment of the order. Notifications of changes made after this deadline shall be taken into account for subsequent deliveries.

In the same way, the Customer may suspend the Subscription for a maximum consecutive period of 3 (three) months, once only, during the duration of the Programme. This notice must be received within 24 working hours prior to the date of shipment of the order. No charges will be made to the Customer's credit/debit card during the suspension period. At the end of the suspension period, shipments and credit/debit card charges will automatically resume.

8. Payment and billing

The regular delivery of the products can only be paid for by monthly charge on credit/debit card (Visa orMastercard) via the payment platform of Deutsche Card Services (a Deutsche Bank group company) in cooperation with Computop Wirtschaftsinformatik GmbH. 

Prepaid credit cards will not be accepted.

The amount of each order issued under the Programme shall be charged only when the products are physicallyshipped, except for the amount of the first order for which a pre-authorisation by illycaffè shall be required in order to prove the availability of the credit/debit card used.

All information relating to the Customer credit/debit card shall be forwarded via secure connection directly to the Website of the bank, which provides the payment service. 

Such information is not stored and/or archived by illycaffè. illycaffè cannot be deemed responsible for any fraudulent or improper use of credit/debit cards by third parties, whose details have been communicated at the time of payment.

The Customer is required to communicate to illycaffè, through Customer Care or through access to its reserved section on the Website, any changes (e.g. expiration of the card) related to the credit/debit card inserted for the payment of orders issued during the duration of the Programme.

Upon signing the contract, illycaffè shall automatically send an invoice based on the data provided by the Customer at the time of joining the Programme. No change in the invoice shall be possible after the issue of the same.

9. Delivery

Transport and delivery costs for all members of the "Machine Subscription" and "Coffee Subscription" Programmes are free of charge.

illycaffè shall ship the purchased products exclusively to the destination address specified at the time of registration. The address can always be changed by accessing the "My Account" section. We do not accept shipments to P.O. Boxes.

The products are delivered by illycaffè through a third-party courier and exclusively in the United Kingdom territory.

illycaffè shall make the first shipment of the products ordered, by courier, to the address indicated, within approximately 24 working hours from the conclusion of the contract. Delivery is generally made within 4 working days. Subsequent deliveries are made at the periodicity chosen by the Customer according to the options available in the Subscription Programmes. The delivery times for the products are approximate.

The variations requested by the Customer, as provided in article 7, will be taken into consideration if communicated within 24 working hours prior to the date of shipment. If they are made beyond this limit, they will be valid for subsequent deliveries. 

illycaffè shall deliver the shipping through a third-party courier, which shall be responsible for the delivery. illycaffè undertakes to collect any reports of non-delivery or delayed delivery of the products through Customer Care and, if necessary, to assist the Customer to protect his rights towards the carrier as per law.

10. Check Products and return

Any damage to the packaging and/or the product (visible without the need to open the package), or the mismatch in the number of packages must be immediately reported, giving specific indication on the delivery document. By signing the courier's document, the Customer certifies the external integrity of the product and the conformity of the delivery.

Any problems regarding the physical integrity, correspondence or completeness of the products received must be reported within 30 working days of delivery by sending an email to Customer Care at customerCareUK@illy.com or by calling the number 01604 821234 (option 3)

Remedies and actions to be taken are described under clause no. 15.

11. Duration

11.1 Machines Subscription

The duration of the Machine Subscription programme is 12 months, starting from the subscription date. At the end of its term, in the event of failure to exercise the right of withdrawal, the Programme shall continue under the conditions provided for the coffee subscription and the customer can keep the coffee machine.

The Customer has the right to withdraw from the Contract in accordance with the procedures and timing provided for in Article 13.

11.2 Coffee Subscription

The duration of the Programme Membership Contract is indefinite, without prejudice to the Client's right to withdraw at any time as provided for in Article 13.

12. Unilateral changes

illycaffè shall have the right to unilaterally change these Terms and Conditions, giving timely notice by e-mail and, in any case, on this page of the Website. For this reason, illycaffè asks the Customer to periodically consult this page to check for any changes and/or updates of these conditions.

If the Customer does not accept the unilateral changes made by illycaffè, the Customer may withdraw from the Contract by giving formal notice in the manner provided for in Article 13 within 15 days from the date of communication.

The changes shall take effect from the date indicated in the communication sent by e-mail or published on the Website.

13. Withdrawal

13.1 Cooling off period

In accordance with the applicable consumer protection law, within 14 (fourteen) days from the date of delivery of the first order placed under the Programme, the Customer may exercise the right to withdraw from such contract and obtain the refund of the amount already paid (including delivery costs), by sending appropriate notice by registered letter (with return receipt) to the address: 01604 821234, or by calling Customer Care or accessing the Website in the "My Account" section.

After receiving the withdrawal notice, Customer Care shall contact the Client to arrange the return procedure and to send the forms to be filled in by the Client. Then the Customer shall be contacted directly by the courier in charge to agree on the date of collection. The delivery of the products to the courier shall take place within 14 days from the date the withdrawal has been communicated.

The shipping costs for the delivery of the return shall be charged to the Customer, who shall then be refunded in full by bank transfer to the credit/debit card used for the purchase.

As a requirement to complete the withdrawal procedure, products must be returned intact; except for the handling necessary to verify the nature, characteristics and functioning of the product.

Once the integrity of the product has been checked, illycaffè shall refund the Customer within 14 (fourteen) days following the return of the products. The Customer has the right to be refunded the price paid for the product and shipping costs.

If the value of the products has suffered a decrease caused by handling other than that necessary to establish the nature, characteristics, and operation of the products (for example: damaged products, not packaged regularly or completely, or in case of missing or damaged parts, such as components, elements, accessories, packaging materials, boxes, documentation etc.), illycaffè shall refund the Customer the amounts received after deducting the reduced value of the goods. 

In the event that the Customer returns products beyond the term of 14 days from the date they have communicated the withdrawal, or in case of open and/or partially used products which cannot be therefore returned, the right of withdrawal shall not apply and illycaffè shall return the purchased products to the Customer charging him/her the shipping costs.

13.2. Withdrawal from the Machines Subscription by the Customer after 14 Days

The Customer has the right to withdraw from the contract, even after the 14 (fourteen) days-term indicated in the previous paragraph, sending appropriate notice by registered letter with return receipt to the following address: illycaffè UK Ltd with registered address  at Unit 7/8 Osyth Close, Brackmills Industrial Estate, Northampton, England, NN4 7DY or calling Customer Service or accessing the "My Account" section of the Website.

In case of early withdrawal, illycaffè will charge the registered card with all the remaining instalments and the Customer shall be entitled to retain the coffee machine chosen. 

13.3 Withdrawal from the Coffee Subscription by the Customer after 14 Days

The Customer has the right to withdraw from the contract, even after the 14 (fourteen) days indicated in the previous paragraph, by contacting Customer Service or by registered letter with return receipt to the following address: illycaffè UK Ltd with registered address  at Unit 7/8 Osyth Close, Brackmills Industrial Estate, Northampton, England, NN4 7DY.

In case of withdrawal, illycaffè shall charge the Customer the amount of the orders already issued at the effective date of the withdrawal. 

The withdrawal will be effective upon receipt by the Customer of the confirmation communication, by e-mail or by registered letter with return receipt, that illycaffè has cancelled the Programme.

14. Termination

illycaffè may terminate the contract in the event of failure by the Client to pay the amounts due in execution of the Programme.

In any such case, illycaffè shall give notice to the Client by email or registered letter with a notice of 10 (ten) days within which the Client is given the possibility to settle his/her position.

15. Defective products

15.1 Guarantee for coffee and other food products

illycaffè guarantees the quality of coffee and other food products against any defect in material and manufacture up to the expiry date indicated on the product itself, provided that its handling and use conform to the instructions, labels and/or other documentation provided by illycaffè. It is understood that the food products, once opened, must necessarily be consumed within the date indicated on the label.

15.2 Guarantee for coffee machine

If the product develops a fault according to Article 10, the customer can choose between the following remedies:

-       Reject defective product (e.g.: products are of unsatisfactory quality, unfit for purpose or not as described): the customer shall communicate in writing, by sending an e-mail or by calling Customer Care his or her intention and illycaffè will provide a full refund. The customer can reject products within 30 days from the delivery date. After 30 days, the customer will not be legally entitled to a full refund if the product received develops a fault.

-        repair or replacement: illycaffè undertakes to repair or replace the product within a reasonable time. also through its Technical Assistance Centers.

Upon receipt of the report, illycaffè shall arrange for the collection of the defective product at its own care and expense. The products must be returned to illycaffè with all accessories and appliances included in the package, as well as packaged appropriately. 

Within 6 months from the date products have been delivered, the customer has a final right to reject or a right to a reduction in price, after or instead of a repair or replacement, only where the products do not conform after repair or replacement, or illycaffè failed to repair or replace the product within a reasonable time and without significant inconvenience.

If the conformity defect becomes viewable within the first 6 (six) months after delivery of the product, it is presumed - subject to proof to the contrary - that it already existed at the time of delivery.

For any information please contact Customer Service.

16. Force Majeure

illycaffè cannot be held liable if it is unable to process the order due to force majeure (for example, but not limited to, production blocks imposed by legislative or administrative measures, epidemics, strikes, severe weather events, fires, floods), even if such events prevent or delay the activity of the courier in charge of delivering the ordered product.

17. Law and jurisdiction 

These Terms and Conditions of Sale are governed by the laws of England and Wales and, in relation to any legal action or proceedings to enforce this agreement or arising out of or in connection with this agreement (‘Proceedings’), each of the parties irrevocably submits to the non-exclusive jurisdiction of the courts of England and Wales and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum.

For civil disputes, the Judge of the Customer's place of residence or domicile shall have exclusive jurisdiction, in compliance with the applicable consumer law.

18. Miscellaneous

For any other legal information relating to the use of the Website, and, in particular to the purchases made on the Website, the Consumer can refer to the following sections: Privacy Policy, Returns and Refunds Customer Care, and General Terms of sale applicable to the sale of single products under the brands names illy, Domori, Agrimontana and Dammann Freres.

illycaffè is available to answer any question sent by e-mail to customerCareUK@illy.com or by calling Customer Care at the number 01604 821234.

Please refer to the privacy section for information on the processing of personal data.

For accumulation of points following purchases on illy.com website, please refer to illy Lovers Programme Terms & Conditions.