illy® Arabica Selection K-Cup® Pods Colombia

Terms and conditions

RETAIL INSTALLMENT OBLIGATION

Seller/Creditor: illy caffè North America, Inc., with an address at 800 Westchester Avenue, Suite S440, Rye Brook, NY 10573

Date: 05/24/2021

NOTICE TO THE BUYER: 1. Do not sign this agreement before you read it or if it contains any blank space. 2. You are entitled to a completely filled in copy of this agreement. 3. Under the law, you have the right to pay off in advance the full amount due.

Please refer to the Subscription Terms for information about nonpayment, default, the right to accelerate the maturity of the obligation, and prepayment rebates and penalties.

“Machine subscription” and “Coffee subscription”

Subscription Terms in force effective as of May 24, 2021

1.     Whereas

The following Subscription Terms regulate the supply of illy products (the “Products”), in relation to “Machine subscription” and “Coffee subscription” Program (hereinafter “Program”), to which the Customer (defined below) has joined through the website https://www.illy.com/en-us (hereinafter the “Website”) or by calling the customer care number 1-877-469-4559 (hereinafter “Customer Care”).

The applicable Subscription Terms are those in force at the time of completion of the subscription process as provided in Article 5.

The acceptance of the Subscription Terms is a necessary condition to complete the purchase of the Products in accordance with the terms of the Programs.

The Customer can contact Customer Care in order to receive further information.

The Products can be purchased exclusively for personal and household use and any form of sale to third parties is prohibited.

2.     Parties

The parties are:

- illycaffè: illy caffè North America, Inc., with an address at 800 Westchester Avenue, Suite S440, Rye Brook, NY 10573.

- Customer: the end user is either a natural person (as long as he or she is of legal age at the date of conclusion of the contract) or a legal person (e.g.: professionals, small companies) using the Products for personal or household purposes (the “Customer”).         

3.     Programs

illycaffè provides the option to join a subscription Program aimed at supplying Products periodically under the illy trademark or other trademarks (the “Products”). The Customer may choose between the following Programs options:

-        “Machine subscription”: this is an annual subscription Program 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 discounted price (compared to retail price and with an instalment plan, and a coffee supply (capsules, pods, ground coffee) according to the coffee size pack (XS, S, M, L, XL) chosen at the time of subscription.

-        “Coffee Subscription”: a subscription Program that provides for the supply of coffee Products (to be chosen among iperespresso capsules, ground coffee, E.S.E. pods, Nespresso®* compatible capsules and K-Cups®*) on a fixed periodic basis.  A discount shall be applied on the basis of the Product quantity bought.

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

The Customer can choose only one of the aforementioned Program options and by subscribing for a Program agrees that recurrent orders of Products will be automatically placed on a monthly basis.

4.     Terms and Conditions of the Programs

4.1       Machine Subscription

By joining the "machine subscription" Program, the Customer agrees to:

- buy one of the coffee machine models listed in the table below at the discounted price listed below. In case of early cancellation of the subscription, the Customer shall pay any remaining installments, which shall become due and payable at the time of cancellation.  The Customer may pay the balance of the remaining installments in full at any time by contacting Customer Care, in which event the subscription shall continue pursuant to the terms of the “Coffee subscription” Program.

-  receive a monthly supply of a minimum number of 3 packs of coffee compatible with the chosen machine pursuant to the terms set forth in Section 4.2.

The Program shall be effective from the date of purchase of a subscription until the 12-month anniversary of the subscription date.  Upon expiration of the "Machine subscription" Program, the Customer shall be informed that his/her subscription shall continue under the conditions of the "Coffee subscription" Program for an additional 12-month period, if the Customer agrees and no cancellation notice is sent to illycaffè.

After the first delivery, any subsequent orders are charged directly to the credit/debit card provided by the Customer pursuant to Article 8.  Delivery of the Products shall be free of charge.

The Products included in this subscription are coffee Products (capsules, pods, ground coffee) according to the coffee size pack  (XS, S, M, L, XL) chosen at the time of subscription.

For the terms and conditions of cancellation of your subscription, please refer to article 13.

Please see below the financial terms of the purchase of the coffee machines, and refer to article 4.2 for the financial terms of purchase of the coffee Products.

4.2       Coffee Subscription

The Products listed in the table below (in the "Available Products" section) will be shipped to the Customer on a monthly basis to the address provided upon registration, which can always be modified by accessing the "My Account" section of the Website.

After the first delivery, any subsequent orders are charged directly to the credit/debit card provided by the Customer pursuant to Article 8.  Delivery of the Products shall be free of charge.

The initial subscription will be effective for 12 months, unless the Customer decides to cancel the subscription pursuant to article 13, or illycaffè terminates the subscription in accordance herewith.

* 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 July 25, 2016.

4.3     Additional conditions applicable to both subscriptions

The advantages (by way of example: discounts) connected to the Machine or Coffee Subscription Program cannot be combined with other illycaffè initiatives, unless otherwise specified by illycaffè in the terms and conditions that will govern the aforesaid initiatives.

5.     How to join to the Program

The Customer may only join the Programs “Coffee Subscription” and “Machine Subscription” as follows:

a) by calling Customer Care at 1-877-469-4559; or

b) on the Website.

5.1     Joining by Telephone (Customer Care service)

The Customer may call 1-877-469-4559 and provide the operator with all the mandatory information to complete the registration procedure, which is a prerequisite to join the Program. After the registration procedure is completed, the Customer can place his/her order and, simultaneously, join the Program of choice.

5.2     Joining on the Website

In order to join a Program on the Website, the Customer must first register for an account. After the completion of the registration procedure, the Customer shall receive his/her personal username and shall create a 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 made by the Customer or someone else, shall be deemed as a personal access by the Customer. illycaffè is not liable for any loss or damage resulting from misuse of a Customer’s Credentials.

The Customer undertakes to notify immediately illycaffè 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 Program;

-        other elements to be personally selected by the Client (such as the type of coffee, size of packs and aromas);

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

The Customer shall accept these Subscription Terms and the Terms and Conditions of Sale to complete the subscription and the Subscription Terms become effective as soon as Customer receives a confirmation email by illycaffè that the subscription is active. The Customer will also receive an email including a copy of these Subscription Terms and the Terms and Conditions of Sale.

The language used to join the Program is English.

6.     Products features and Price

The main features of the Products can be found on the Website, on the related Product section.  Products may have slight variations, including, but not limited to, variations in color, from the images shown on the Website, as a result of the different devices used to view the Website or browser settings. The Products delivered to the Customer have a remaining shelf life of more than 4 months.

The Products are original products, with quality standards in line with those available on the relevant market and distinguished by the trademarks owned by illycaffè or licensed to it.  In the event illycaffè modifies or discontinues any Product offered for sale in connection with the Programs, it shall notify the Customers and offer a comparable replacement Product for future deliveries.

The Products are sold at the price indicated on the Website at the time of the purchase.  All prices indicated on the Website shall be in U.S. Dollars, and shall be exclusive of applicable sales taxes.  All applicable sales taxes shall be added to the monthly fee of the subscription, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order.  The amount of sales tax and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment.  Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes.  In the event that any items on the Website are mispriced, illycaffè shall have the right to cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by illycaffè after payment has already been made, illycaffè will promptly refund the amount of the incorrect price to the Customer.

Prices may change during the term of the subscription. 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 cancel his/her subscription pursuant to Article 13.

7.     Changes to Delivery Settings

The Customer may change the settings of recurring orders at any time (e.g. Products ordered, delivery address), according to the Program chosen, by contacting Customer Care or accessing the Website in the "My Account" section, without any additional charge, and within 24 business hours prior to the date of shipment of each order. Notifications of changes made after this deadline shall be taken into account for subsequent deliveries.

8.     Payment and billing

The monthly delivery of the Products can only be paid for by credit/debit card (American Express, Visa or Mastercard) via the payment platform of Deutsche Card Services (a Deutsche Bank group company) in cooperation with Computop Wirtschaftsinformatik GmbH.

The amount of each order issued under the Program shall be charged when the Products are ready to be shipped, except for the amount of the first order for which a pre-authorization by illycaffè shall be required in order to verify the availability of the credit card provided. 

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 shall not be deemed responsible for any fraudulent or improper use of credit cards by third parties.

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 card inserted for the payment of orders issued during the duration of the Program.

Upon completing the subscription process, illycaffè shall automatically send an order confirmation to the Customer’s email in connection with each monthly shipment of Products.

9.     Delivery

Transport and delivery costs for all members of the "Machine Subscription" and "Coffee Subscription" Programs 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 only and exclusively in the United States.

illycaffè will ship the Products ordered by the Customer, by courier, to the address indicated by the same at the time of purchase, approximately within 24 business hours of receipt of payment for the order provided, however, that the shipment and delivery dates set forth in any order, order confirmation or in these Terms and Conditions of Sale are estimates only and such estimates shall not be deemed a representation by illycaffè.  illycaffè shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment.  Notwithstanding the foregoing, in the event that illycaffè is unable to ship an order within thirty (30) days of placement of an order, the Customer will receive an email from illycaffè notifying the Customer of the delay in shipment.  At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay.

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

illycaffè shall deliver the Products to Customer 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 in this respect.

10.     Inspection of Products and Returns

Any damage to the packaging and/or the Product (visible without the need to open the package), or  discrepancy between the number of packages or Products ordered and received 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, conformity or completeness of the Products received must be reported by sending an email to Customer Care at illyusa@illy.com or by calling the number 1-877-469-4559.

Remedies and actions to be taken are described under article 16.

11.     Duration

11.1     Machine Subscription

The subscription shall be effective for 12 months after the subscription date. Once the machine has been paid in full, the Customer will be requested to agree to renew the subscription based on the terms of the “Coffee subscription” Program for an additional 12 months, unless the Customer elects to cancel the subscription.

The Customer has the right to cancel the subscription in accordance with the procedures and timing provided for in Article 13.

11.2     Coffee Subscription

The subscription to the Program shall remain in place for 12 months after the subscription date.  After each 12-month period, the Customer will be asked to agree to continue the subscription for an additional 12 months, until cancelled at any time as provided for in Article 13.

12.     Unilateral changes

illycaffè shall have the right to unilaterally change these Subscription Terms, 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 cancel his/her subscription by giving notice in the manner provided for in Article 13 within 15 days from the date of communication of the changes.

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

13.     Cancellation

13.1     Cancellation of Machine Subscription

The Customer may cancel his/her subscription at any time in one of the following manners:

-                 By calling Customer Care; or

-                 By accessing the "My Account" section of the Website.

The cancellation will be effective upon receipt by the Customer of the confirmation communication, by e-mail, that illycaffè has cancelled the Program.

There is no fee charged to cancel the subscription, however please note that at the time of cancellation, illycaffè will charge the remaining installments for purchase of the coffee machine on the credit/debit card provided by the Customer.

13.2     Cancellation of Coffee Subscription

The Customer may cancel his/her subscription at any time without penalty in one of the following manners:

-                 By calling Customer Care; or

-                 By accessing the "My Account" section of the Website.

In case of cancellation, illycaffè shall charge the Customer the amount of the orders already issued and ready to ship at the effective date of the cancellation.

The cancellation will be effective upon receipt by the Customer of the confirmation communication, by e-mail, that illycaffè has cancelled the Program.

14.     Suspension of Coffee Subscription

The Customer may choose to temporarily suspend a “Coffee subscription” for a period of up to 3 months once during each 12-month subscription period in one of the following manners:

-                 By calling Customer Care; or

-                 By accessing the "My Account" section of the Website.

In the event of a suspension of the subscription, illycaffè will stop charging the credit/debit card provided by the Customer as soon as we receive notice by the Customer of his/her intention to pause the subscription; provided however, that if any orders of Products are ready to ship in accordance with the chosen subscription frequency, the Customer will be charged for such order and the Products will be delivered in accordance herewith.

The subscription can be resumed at any time by:

-                 calling Customer Care; or

-                 accessing the "My Account" section of the Website.

Unless otherwise indicated by the Customer, the subscription will resume with the terms (e.g., Products, delivery address, etc.) in place at the time of the suspension.  Once the subscription is resumed, illycaffè will resume charging the credit/debit card provided by the Customer at the time of registration in accordance herewith.

15.     Termination

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

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 opportunity to pay any amounts due and maintain the subscription.

In the event of termination under this section, any outstanding amounts due to illycaffè in connection with the subscription chosen shall become due and payable.  For “Machine subscriptions,” the remaining installments for the coffee machine shall be due and payable upon termination.

16.     Product Returns

The Customer may exercise, within thirty (30) days from the date of delivery of each shipment of Products, the right to return the Products and receive a refund of the amount paid in connection with the Product(s) being returned, by calling Customer Care or by accessing the "My account" section of the Website.

Once the Customer has communicated his/her intention to return the Products as described above, the Customer Care team will contact the Customer (by email or phone, at Customer’s choice) to provide the Customer with instructions on how to return the Products. The Customer will then be contacted directly by the courier in order to agree on the date of taking charge of the return.  The delivery of the goods to the courier must take place within (30) days from the date of delivery of the Products.

The shipping costs for the delivery of the returned goods will be charged to the Customer, who will then be refunded in full using the same payment method provided by Customer at the time of registration.

Returns shall only be accepted only if all of the following conditions are met:

a.     The Product(s) have not been used, are not damaged and are in the same conditions in which they were received by the Customer; and

b.     The Product(s) are returned in their original packaging, including any seals, all labels, and any documentation included in the original package.  

Once illycaffè determines that the return conditions set forth herein have been met, illycaffè will refund the Customer within [14 (fourteen)] days following the illycaffè’s receipt of the Products, using the payment method provided at the time of registration for the Program.   If you paid by credit card or debit card, refund times will depend on the credit or debit card company’s policies. 

We will not issue any refunds for returns that do not satisfy all of the return conditions, and we will send you an email to inform you that the return was not accepted.  Within [fifteen (15) days] after receipt of such email, the Customer may ask that the Products be shipped back to him/her, at Customer’s own cost, in the condition in which they were received by illycaffè.  If the Customer does not request the return of the Products within said time period, the Customer authorizes illycaffè, and any of its affiliates or agents, to retain the Products and the price paid, and to dispose of such Products as it sees fit.

In the event that the Customer returns the coffee machine received in connection with a “Machine subscription” Program, the Customer will be provided with the option to cancel the subscription entirely, or to maintain the subscription as a “Coffee subscription” in accordance with the terms of such Program.

17.     Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ILLYCAFFÈ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ILLYCAFFÈ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL ILLYCAFFÈ BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ILLYCAFFÈ IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, ILLYCAFFÈ’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.

18.     Force Majeure

illycaffè shall not be held liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemics, pandemics or other public health issue, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with illycaffè related to the production or delivery of the Products, blackouts or governmental laws, regulations, orders or actions.

19.     Law and jurisdiction

These Terms and Conditions of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules.  Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

20.     Miscellaneous

For any other legal information relating to the use of the Website, and, in particular to the purchases made on the Website, the Customer can refer to the following sections:

·       Privacy Policy https://www.illy.com/en-us/privacy

·       Returns and Refunds https://www.illy.com/en-us/return-policy

·       Customer Care https://www.illy.com/en-us/shop/contactus

illycaffè is available to answer any question sent by e-mail to illyusa@illy.com or by calling Customer Care at the number 1-877-469-4559.

Please refer to our Privacy Policy for information on the processing of personal data.

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