We reserve the right to refuse any order you place with us. All purchases are subject to availability and we may, in our sole discretion, limit or cancel quantities purchased, even if you have already placed your order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/home number provided at the time the order was made.
Unless otherwise indicated, all prices displayed on the Site are in US dollars and do not include shipping fees or applicable sales taxes, and all charges will be processed in US dollars. All prices are subject to change without notice and prices displayed on the Site may vary from those in stores or from store-advertised prices. Occasionally, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. Please also note that while we have tried to accurately display the colors of our products, the actual colors you see on our Site will depend on your monitor. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
Additional terms may apply to your order that will be made available to you on the Site before you place your order. Please refer to our Shipping and Return policies on the Site to learn more about our shipping terms and return policy.
Intellectual Property Rights
You agree that with respect to any copy or download of the Materials, you will reproduce and include all copyright and/or other proprietary notices included in such Materials. The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Materials. Users acknowledge and agree that any and all misappropriation or misuse of the Materials and/or any other information contained on the Site will cause irreparable harm to illycaffè and that in such event money damages will not constitute sufficient compensation to illycaffè. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Materials and/or any other information contained on the Site, you specifically consent to illycaffè obtaining injunctive relief against you in addition to any other legal or financial remedies to which illycaffè may be entitled.
“illy”, the illy logo and other illycaffè product or service names, logos or advertising slogans that may appear on the Site are trademarks or registered trademarks of illycaffè, and/or our affiliates or subsidiaries, and may not be used, in whole or in part, without the prior written permission of illycaffè. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners, and may not be used, in whole or in part, without the prior written permission of the applicable owner. illycaffè and all other intellectual property owners have exclusive rights to use their respective intellectual property.
Responsibility For User Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, through our User Services or otherwise, and the accuracy thereof, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “User Content”).
User Content Submissions and Limitation of Liability
By submitting User Content to illycaffè, you represent and warrant that:
- You understand you are participating in a public forum and that your User Content will be available to all other users of the Site, the User Services and potentially Third Party Sites;
- You forever waive all “moral rights” that you may have in such User Content as well as any rights of attribution or identification as the author of the User Content that you submit, or any derivative works of or upgrades or updates thereto;
- For any User Content that you submit, you grant illycaffè the right to pursue at law any person or entity that violates your and/or our rights in such User Content.
You also represent and warrant that any User Content you submit:
- Is not false, inaccurate or misleading;
- Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- Does not violate any obligations you may have with respect to such User Content under any law or under contractual or fiduciary relationships;
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically, sexually or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation, or promote criminal, immoral or illegal activity;
- Is not submitted for compensation or other consideration, except as may be otherwise permitted in writing by illycaffè;
- Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- Is not unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Does not contain any software, worms or other potentially damaging computer programs or files; and
- Is not confidential to you or any third party.
illycaffè assumes no liability for and does not endorse User Content or opinion, recommendation or advice expressed therein, and illycaffè disclaims all liability with respect to User Content, nor does illycaffè guarantee the accuracy, integrity or quality of the User Content.
If your User Content includes ideas, suggestions, documents or proposals to illycaffè through the User Services, (a) such User Content is not confidential or proprietary and illycaffè has no obligation of confidentiality, express or implied, with respect thereto; (b) illycaffè may have something similar to that User Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such User Content from illycaffè . Do not send illycaffè such User Content if you expect to be paid or want to continue to claim rights in such User Content.
Guidelines for User Services
We value your interaction with us and highly encourage you to contribute your comments, ratings, reviews, opinions, ideas, questions and answers, images, videos, recipes, stories and other content. In order to participate constructively in our User Services, please consider the following guidelines:
- Be respectful. Everything you post should make a positive contribution and should be appropriate for viewing by all site visitors;
- Stay on topic. Relevant and insightful contributions raise the overall value of the site experience; and
- Be honest. We ask that you be sincere in your participation by contributing content you know is accurate, based on your individual experience.
You may not use our User Services to impersonate any person or entity, including, without limitation, any illycaffè official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement in accordance with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). Without limiting the foregoing, we have adopted the following policy toward copyright infringement with respect to the Site in accordance with the DMCA. Please note that repeat copyright infringers may have their access to the Site terminated. If you believe in good faith that any content residing or accessible on the Site infringes your copyright rights, you may request removal of those materials (or access thereto) from the Site by sending a notice of copyright infringement to:
Customer Care Manager Email: email@example.com
Phone: (914) 253-4543
Address: illycaffè, 800 Westchester Ave., Suite 440, Rye Brook, NY 10573
Your notification should include the following information:
- Describe the copyrighted work, and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work and an identification of the content on the Site that you believe to be infringing and its location (e.g. URL);
- Contact information about the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Notifying Party”), including name, address, telephone number and e-mail address;
- A statement that the Notifying Party has a good faith belief that the complained use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement made that the information provided in the notice is accurate and that, under penalty of perjury, the Notifying Party is the copyright owner or is authorized to make the complaint on behalf of the copyright owner; and
- The Notifying Party's physical or electronic signature.
We may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law. Users who believe they are the wrongful subject of a copyright takedown notice may file a counter-notification.
Links and Other Websites
We invite you to interact with us on our social media pages where we post content and invite your feedback, such as at www.facebook.com/illy, www.twitter.com/illy, [www.instagram.com/illy_coffee/] or www.youtube.com/illy (such sites and any other third party websites “Third Party Sites”).
Limitation of Liability
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 (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, ILLYCAFFÈ’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, ILLYCAFFÈ’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.
Exclusions to Limitations on Liability and Disclaimers
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. CERTAIN STATES LAWS SIMILARLY 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.
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. You must be at least age 18 to access and use the Site.
You are responsible for safeguarding the password that you use to access the Site and User Services and for any activities or actions under your password. You will not provide any false personal information on the Site or create an account for anyone other than yourself without permission. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.
Applicable Law and Jurisdiction