LAVAZZA SUBSCRIPTION TERMS AND CONDITIONS

INTRODUCTION

These terms and conditions (the "Subscription Terms") apply when a Customer sets up a Lavazza subscription via the Lavazza Australia website (“Website") to buy Lavazza beans (“Beans”) or Lavazza capsules compatible with Nespresso Original* machines (“NCC”) or Lavazza A Modo Mio products (“Lavazza Capsules”) online (collectively referred to as the “Lavazza Subscriptions”).

Note: Lavazza is not affiliated with, endorsed or sponsored by Nespresso.

A Lavazza Subscription is an easy and convenient way to arrange repeated orders for Lavazza capsules, beans or NCC (each an "Order") and have them delivered at regular intervals selected by you online.

Before you can set up a Lavazza Subscription, you must first set up an account with us by following the instructions on our Website.

Details of your Lavazza Subscription will be accessible on your My Lavazza page on our Website. These Subscription Terms should be read in conjunction with our Terms of Sale, our Website Terms of Use, our Cookie Policy and our Privacy Policy, all of which will apply as appropriate to you when you use our Website and purchase Lavazza products. They can be viewed on our Website.

By setting up a Lavazza Subscription, you accept these Subscription Terms and agree to accept delivery of and pay for each Order of Lavazza products in the quantities and at the frequency selected by you. You also agree that Lavazza will automatically take payment for each Order from your account or credit or debit card using the payment method selected by you.

These Subscription Terms will remain in effect until the subscription is cancelled or terminated by you or by us in accordance with these terms. All sales of Lavazza products will be subject to Lavazza's Terms of Sale which are incorporated by reference into each Order. If there is an inconsistency between these Subscription Terms and Lavazza’s Terms of Sale, these Subscription Terms will prevail.

CUSTOMER CARE SERVICES

If you need any information or assistance or wish to make a complaint, please contact our Customer Care Service on:

Telephone: 1300 307 171

E-mail: AU.customerservice@lavazza.com.

1.     TYPES OF LAVAZZA SUBSCRIPTIONS

1.1   You can choose one of the following two subscription options:

a) Lavazza Beans Subscription
To set up a Lavazza Beans subscription, you must visit the Website and select the number of packs of beans you want to buy in each Order (minimum 1 pack per Order, minimum 2 deliveries) and how often you want a delivery from the options on our Website. You can vary these details at any time on your My Lavazza page – see section 4 below.

b) Lavazza NCC Subscription
To set up a Lavazza NCC Subscription, you must visit the Website and select the number of packs of capsules you want to buy in each Order (minimum 120 capsules per Order, minimum 2 deliveries) and how often you want a delivery from the options on our Website. You can vary these details at any time on your My Lavazza page – see section 4 below.

c) Lavazza Capsules Subscription
To set up a Lavazza Capsules Subscription, you must visit the Website and select the number of packs of capsules you want to buy in each Order (minimum 12 packs per Order) and how often you want a delivery from the options on our Website. You can vary these details on your My Lavazza page – see section 4 below.

d) Lavazza Coffee Machine and Capsules Subscription
To set up a Lavazza Capsules Subscription (Coffee Machine Subscription) you must visit the Website and select a Lavazza espresso machine (the "Selected Machine"), the number of packs of capsules you want to buy in each Order (minimum 10 packs per Order) and how often you want to receive a delivery from the options on our Website. We will send you your Selected Machine and first coffee products order with your first shipment.

Fees
Initial fee: you will be charged an initial equipment fee, which varies depending on the coffee machine you select:

Machine                Initial Fee

Jolie                       $10

Jolie & Milk           $49

Desea                    $149

SMEG                    $149

Voicy                     $149

The initial fee will be payable at the time of signing up to the Coffee Machine & Capsules Subscription.

Product order fee:
You are required to place the minimum number of coffee orders specified below.  Each order must contain a minimum of 10 packs per order.  You must place your first order for coffee products at the time of signing up to the Coffee Machine Subscription.

Cancellation Fee
If you have a Lavazza Coffee Machine and Capsules Subscription and you terminate an Order or your Subscription before the minimum number of Orders has been delivered, you must pay a cancellation charge calculated as follows:

P x U

M

Where P is the following amount, depending on the coffee machine you have selected:

Jolie                     $109

Jolie & Milk         $200

Desea                  $200

SMEG                  $200

Voicy                   $200

U is the number of Orders that have not been placed, M is the minimum number of orders required for your selected machine set out in the table below.

No cancellation fee will be payable once the minimum coffee orders for your Selected Machine have been placed.

1.2   The details of your subscription, including a description of the Lavazza products you have ordered, the frequency of delivery, the prices and any other additional costs will be displayed on your My Lavazza account page.

1.3   Lavazza may change size of a pack of Lavazza beans or the number of NCC capsules and/or A MODO MIO capsules contained in a pack from time to time. In such event we will promptly contact you by email to inform you of this variation and will modify your subscription accordingly. When the delivery has been arranged, we will notify you by a pre-shipment notification email of the expected delivery date. We cannot guarantee to deliver on any particular date. In the event that a delivery cannot be made on the expected delivery date, Lavazza will inform you by email.

2. CHANGING YOUR ORDERS

2.1 Whichever option you choose, you can manage your subscription, including updating the quantities to be delivered (subject to minimum order requirements), the frequency of the deliveries and the date of an individual order on your My Lavazza page on the Website. Any change you make will be implemented as soon as practicable. If a delivery of an Order has already been arranged at the time you make any change, it may not be possible to cancel or amend it and your change will be implemented in the next following Order. If you have a LAVAZZA Coffee Machine Subscription, any variation will not affect your obligation to place the minimum number of Orders agreed.

2.2 If any Lavazza product which you have ordered becomes unavailable, Lavazza will notify you as soon as possible. You may select other products on your My Lavazza page. If you do not do so, Lavazza reserves the right to substitute that product with another of equivalent or better quality.

3. PRODUCTS AND PRICES

3.1 Details of all Lavazza products that may be purchased through Lavazza Subscriptions are displayed on the Website.

3.2 All prices are inclusive of any applicable GST.

3.3 The price of each product included in your first delivery will be specified on the Website at the time you set up a Lavazza Subscription and will be confirmed to you by email. Prices for subsequent deliveries of products will be those applicable on the date of our email to you confirming delivery and will be displayed on your My Lavazza page.

3.4 All products purchased via a Lavazza Subscription will qualify for the subscription discount applicable on the date on which each Order is processed.

4. PAYMENT

4.1 When you sign up for a Lavazza Subscription, you will be required to select a payment method and provide your payment details, and to expressly agree to permit us to charge your selected payment method on a recurring basis, as well as the amount of the charge, which is calculated based on your Order and as described in Section 5.

Lavazza will submit periodic charges (based on the frequency chosen) to your selected payment method, without further authorization from you, until you provide prior notice at any time that you wish to either cancel or to change your selected payment method.

You must provide details of a payment method when you set up a Lavazza Subscription. Payments can be made :

(i)  by credit card (Visa / Mastercard / American Express) or

(ii)  through Paypal, by selecting it during the purchase procedure You will be redirected to the secure Paypal servers whereby logging in with your credentials you will be able to complete payment by debit on credit card, bank account or electronic wallet.

Financial information regarding your card (e.g. card number, date of expiry, etc.) will be forwarded by encrypted protocol to the bank providing the electronic payment service. In addition, you will be contacted by our partner Braintree (a Paypal company), which will initiate device data collection using the Braintree client SDK, to avoid potential fraud. No other third parties can access these data. This information will never be used by Lavazza for any purpose other than processing your orders and/or in the event of Products refunding and/or where it is necessary in order to prevent or report cases of fraud to the Competent Authorities.

In case of refunds, any amounts paid by the Customer to Lavazza will be refunded using the same payment method used by the Customer to make the purchase. Refunds will be processed in the time and manner provided by the operator of that payment method. If the payment was made by cash, it will be the Customer's responsibility to promptly provide the bank details on which to obtain the refund (e.g., IBAN of the bank account) to the Customer Care Service.

All prices are inclusive of GST (where applicable). You are responsible for all duties, taxes and clearance charges that may be levied on the products.

5. SHIPMENT AND DELIVERY

5.1 Products will be shipped to the delivery address specified on your My Lavazza page at the frequency selected by you. If the courier cannot make a delivery of the Order it will leave a notice with details on how to collect your parcel. Lavazza is not liable for any delays in shipment or for any failure of shipment due to incorrect information provided by you.

5.2 Delivery fees may apply on all orders.  Please see our Delivery Policy for further details.

5.3. Title and risk of loss pass to you upon our transfer of the products to the carrier.

6. AFTERCARE SERVICE FOR PRODUCTS

6.1 If a product is defective in any way or if you have any questions or complaints about the products, please contact the Customer Care helpdesk whose details appear above.

7. CANCELLATION

7.1 Your Lavazza Subscription will continue until you decide to cancel it.

7.2 You can cancel your Lavazza Subscription or an Order at any time as follows:

(a) You can cancel your Lavazza Subscription without liability for any reason within 14 days of the date of our email to you confirming your subscription and your first Order sent under clause 1.2 by notifying us in accordance with clause 7.3.

(b) You can cancel your Lavazza Subscription at any time after delivery of the first Order by notifying us in accordance with clause 7.3. You will be charged for any Order for which delivery has been arranged at the time we receive your notice.

(c) You can cancel any subsequent Order within 14 days of delivery for any reason by notifying us in accordance with clause 7.3. If you have a Lavazza Coffee Machine and Capsules Subscription and you have not received and paid for the minimum number of deliveries, the effect of cancelling an Order will be to cancel the Subscription and paragraph (d) will apply.

(d) If you have a Coffee Machine Subscription and you terminate it after delivery of your first Order but before you have received and paid for the minimum number of deliveries you selected, you must pay (and Lavazza will be entitled to charge your credit or debit card or debit your Paypal account) the cancellation charge calculated in accordance with clause 1.1. lett. d).

7.3 To cancel your Lavazza Subscription or an Order, please inform us by doing one of the following:

(a) Call customer services on 1300 307 171 or email us at AU.customerservice@lavazza.com . Please provide your name, home address, subscription number details of the Order and your phone number and email address; or

(b) Use the cancellation procedure on your My Lavazza page; or

(c) Send us a completed Cancellation Form. A copy of the Cancellation Form is set out at the end of these Subscription Terms.

7.4 If you cancel your Subscription under clause 7.2(d) you must (in the case of your first Order only) return the Selected Machine in good condition and all unopened packs of capsules to us by post within 14 days at your own expense to Lavazza Australia Pty Ltd 117 Church Street Hawthorn VIC 3122 and we will reimburse the price paid for such products to you .

7.5 Lavazza may terminate your Lavazza Subscription if you do not comply with any of these Subscription Terms including, without limitation, if:

(a) You do not make a payment to us when it is due and within 3 days of us reminding you that payment is due;

(b) You do not, within a reasonable time of our written request, provide us with information that is necessary for us to deliver the Order (e.g., shipment address); or

(c) You do not, within a reasonable time, allow us to deliver the Order to you.

8. PRIVACY AND WEBSITE POLICIES

8.1 Details of your Lavazza Subscription and your personal data will be retained and used by Lavazza in accordance with our Privacy Policy.

8.2 Please read our Website Terms of Use and our Cookie Policy for further information about using our Website.

8.3 Please visit the relevant sections of our Website in order to keep up to date with any modifications of the above-mentioned documents.

9.  LIMITATIONS OF LIABILITY; DISCLAIMERS

9.1 Lavazza's goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

9.2 For goods, you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

9.3 To the extent permitted by law, Lavazza will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use of the Website; or (2) goods or services supplied by Lavazza under these Subscription Terms.

9.4 To the extent permitted by law, Lavazza’s liability to you is limited, at Lavazza’s option, to:

(a) in the case of goods, the repair or replacement of the goods or the re-supply of equivalent goods (or paying the cost of any of these); or

(b) in the case of any services supplied by Lavazza, to supplying the services again (or paying the cost of having the services supplied again).

9.5 To the extent permitted by law, in no event will Lavazza, its officers, employees or agents be liable for any consequential or indirect loss or damage, any loss of business or revenue, loss of profit, loss of opportunity, loss of data, loss of goodwill or loss of business reputation arising out of or in connection with the supply of goods or services under these Subscription Terms.

9.6 These Subscription Terms are not intended to exclude, restrict or modify any right which you have at law which may not be excluded, restricted or modified by agreement.

10. APPLICABLE LAW

10.1 These Subscription Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or your Lavazza Subscription shall be governed by and construed in accordance with the laws of Victoria, Australia.

10.2 Each party irrevocably agrees that the courts of Victoria Australia shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Subscription Terms.

11. CHANGES TO SUBSCRIPTION TERMS; SEVERABILITY

11. We may change these Subscription Terms from time to time. We will notify you of any material change to these Terms by email. Your continued participation after the effective date of such changes to these Subscription Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your subscription by providing notice to us as provided in Section 7 above; provided that this additional right to cancel is also subject to the minimum Order requirements set forth in these Subscription Terms. If any provision of these Subscription Terms or any change to these Subscription Terms is found by any court of competent jurisdiction to be invalid, illegal, void, or for any reason unenforceable, such provision or change is deemed to be severed from these Terms and shall not affect the validity and enforceability of any remaining changes or conditions.