Terms And Conditions – for illy.com United States

1. Whereas

The following Terms and Conditions of Sale regulate the supply of illy products, namely coffee machines, coffee and food branded, Domori, Agrimontana, Maritani and Dammann Freres (collectively, the “Products”) on 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 Terms and Conditions of Sale applicable to the Customer are those in force at the time of placement of the order in accordance with Article 4. By placing a purchase order on the Website, the Customer declares to be aware of and fully accept the Terms and Conditions of Sale. The acceptance of the Terms and Conditions of Sale is a necessary condition to complete the purchase of the Products.

Please refer to the special terms applicable to "machine subscriptions" and "coffee subscriptions" programs. 

The Products can be purchased exclusively for personal and household use and any form of sale to third parties is prohibited.  For purchasing large quantities of Products or to purchase Products that are to be resold or distributed to the public, other forms of agreements are available by contacting illycaffè.

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. Products features and Price

The main features of the Products can be found on the Website, on the related Product page. 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.  illycaffè reserves the right to modify or discontinue any Product offered for sale on the Website without notice to the Customers at any time.

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 price of the Product, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order for a Product. 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. illycaffè reserves the right to change the prices of any Products at any time without notice to Customers. Further, in the event that any items on the Website are mispriced, illycaffè shall have the right to refuse or 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.

Price does not include delivery costs, which will be indicated separately in the final summary section before confirming the order, and in the confirmation of receipt of the order sent by e-mail to the Customer.

4. Method of Purchase

The Customer can proceed with the purchase only as follows:

a) by telephone by calling 1-877-469-4559 (Customer Care) and providing the information requested by the operator;

b) on the Website, as described below.

4.1. Purchase on the Website

Registration on the Website is optional to purchase Products online.

If the Customer does not wish to register on the Website, he/she can choose the "checkout as a guest" mode: in this case only the data necessary for the delivery and invoicing of the order will be requested.

If registering on the Website, 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 the event of any other security issue.

Once the purchase order has been received, illycaffè will send a confirmation by e-mail to the Customer. Such communication includes the summary of the purchase (i.e., price of the Product(s), shipping costs, and address to which the Product(s) will be shipped) and an order number.

illycaffè will verify the availability of the ordered Product and, if available, will communicate by e-mail that the order is accepted and will start the procedures for the shipment of the Product.

If illycaffè is not able to fulfill an order received, it will promptly notify the Customer.  illycaffè shall in no way be liable to Customer for failure to accept and order.  In this case the order will be considered cancelled and no amount will be charged to the Customer.

5. Sale Conditions

Products are offered on the Website subject to availability. Customers may not buy more than:

* 40 batches of coffee products;

* 3 batches of coffee machines;

* 5 batches of other products or accessories 

Even with separate orders, please contact Customer Care for larger order quantities.

The quantities of Products that can be ordered may be subject to minimum or maximum quantity limitations at illycaffè's discretion, based on active promotions.  Such quantity limitations will be communicated to the Customer prior to checkout.

The promo codes offered by illycaffè and its partners are valid only for the Products and during the time period indicated in connection with each promotion. Promo codes are not redeemable in cash and are not cumulative. To apply discounts and/or promotional codes, you must enter the promotional code in the space provided when placing your order on the Website or communicate it to the Customer Care staff when placing an order on the phone.  After the order is placed, it will not be possible to modify the order to enter the discount code.

The English version of these Terms and Conditions of Sale shall be the controlling version and shall be binding upon the parties.

6. Payment

illycaffè accepts payments only through the systems listed below:

a) Credit card (American Express, Visa or Mastercard) through the payment platform of [Deutsche Card Services (a Deutsche Bank group company) in cooperation with Computop Wirtschaftsinformatik GmbH].  A pre-authorization on your credit card is done when the order is placed; the total price of an order will be charged when the Products are ready to be shipped. Credit card information is not stored and/or archived by illycaffè. In no event shall illycaffè therefore be held liable for any fraudulent or improper use of credit cards by third parties.

b) PayPal: online payment system that allows any company or consumer who has an e-mail address to send and receive payments, subject to registration. Payment is made through the PayPal payment platform. 

7. Delivery

The Products are delivered by illycaffè only and exclusively in the United States, except for Alaska and Hawaii. illycaffè does not accept shipments to P.O. Boxes.

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 the 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.

Delivery charges are calculated on the basis of the rates indicated on the Webite or communicated by Customer Care at the moment of the purchase.

Taxes and customs duties shall be paid by the Customer as indicated on the order confirmation. 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 to enforce his/her rights against the carrier.

Upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer.  Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.

8. Inspection of Products

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 clause no. 11.

9. Billing

illycaffè will issue an order/payment confirmation for each order placed by the Customer. Invoices are issued only upon specific request of the Customer. For the issuance of the invoice illycaffè will use the information provided by the Customer at the time of registration or at the time of an order, providing for the option of indicating addresses other than those indicated for shipping. No variation of the data indicated in the invoice will be possible after the issuance of the same.

10. Return Policy

The Customer may exercise, within thirty (30) days from the date of delivery, the right to return the Products and receive a refund of the amount paid (including delivery costs, where applicable), by sending the return form https://www.illy.com/en-us/return-policy, by calling Customer Care or, only if registered for an account on the Website, 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 in order to agree on the method of return and to send the form to be filled in by the Customer. The Customer will then be contacted directly by the courier, via e mail or at the phone number provided to illycaffè at the time the order was placed, 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 thirty (30) days from the date on which the Customer has communicated his/her intention to return the Products.

The shipping costs for the delivery of the returned goods will be charged to the Customer, who will then be refunded through the same method used by the Customer to make the payment.

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 same payment method used to make the original purchase on the Website. If you paid by credit card or debit card, refund times will depend on the credit or debit card company’s policies.  The Customer will be refunded the price paid for the Products and shipping costs.

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.

Food Products may not be returned.

11. Remedies for defective products – Limited Warranty

If a Product is defective the Customer can choose between the following remedies:

- Reject a defective Product (e.g.: products are of unsatisfactory quality, unfit for purpose or not as described): the Customer shall communicate in writing by sending e-mail to illyusa@illy.com or calling Customer Care at 1-877-469-4559 his or her intention to return the defective Products 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 have the right to request a full refund if the Product received is defective. 

- Repair or replacement: for coffee machines, illycaffè undertakes to repair or replace (subject to availability), at illycaffè’s option, the Product within a reasonable time through its technical assistance centers.

The Customer cannot receive a refund or repair/replacement if the problem is caused by normal wear and tear, improper use (e.g., consumption of coffee Products after their expiration date), misuse or abuse, improper storage or maintenance, accident or neglect such as physical damage and any other type of misuse, damage or other acts not resulting from defects in material or workmanship. This limited warranty only extends to the Customer.

Upon receipt of the notice by Customer, In the event that illycaffè determines a Product is defective, illycaffè shall arrange for the collection of the defective Product at its own care and expense and issue the refund or repair or replace (subject to availability) the Product, as applicable. 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 the Products have initially been delivered, the Customer has a final right to reject the Products or a right to a reduction in price, after a repair or replacement, only where the Products do not conform after repair or replacement, or illycaffè failed to repair or replace the Product.

12. 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.

13. 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.

14. 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.

15. Final provisions

Please refer to the illy Lovers section for rules governing points collection.

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 any other legal information relating to the use of the Website, and, in particular to purchases made on the Website, the Customer can refer to the following sections: Privacy Policy, Returns and Refunds; and Customer Care.