Last updated: January 15th, 2021

 

INTRODUCTION

These terms and conditions (the "Subscription Terms") apply when a Customer sets up a “Lavazza Expert Subscription” to buy Lavazza Expert products online. Lavazza "Expert " is an easy and convenient way to arrange repeat orders for Lavazza Expert Products  (each an "Order") and have them delivered at regular intervals selected by you online. 

 

Before you can set up a Lavazza "Expert " subscription (“Subscription”), you must first set up an account with us by following the instructions on our website:  https://expert.lavazza.us (the "Website").  Details of your Subscription will be accessible on your My Lavazza page on our Website.  These Subscription Terms should be read in conjunction with 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. These Subscription Terms shall apply to each Order delivered under the Subscription.

 

DISPUTES ARISING UNDER THESE SUBSCRIPTION TERMS ARE GOVERNED BY THE BINDING ARBITRATION TERMS AND CLASS ACTION WAIVER CONTAINED IN THE TERMS OF USE

 

 

CUSTOMER CARE SERVICES

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

Telephone:      (212) 725-8800

E-mail:             us.expert@lavazza.com

 

 

1. THE LAVAZZA "Expert " SUBSCRIPTION

1.1  When you set up a Subscription, a contract will be formed between:

·        Lavazza Premium Coffee Corporation (“Lavazza” or "we"), a New York corporation with offices at 120 Wall Street, Floor 27, New York, NY 10005;

·        The “Customer” or “you”, the company or business based in the United States which has set up a Subscription. These Subscription Terms only apply to business-to-business transactions.  If you are a consumer, please set up a subscription via our consumer website by following this link: https://www.lavazza.us;

 

1.2 By applying for a 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 hereby expressly consent to Lavazza automatically taking payment for each Order and any cancellation charges from your account or credit or debit card using the payment method selected by you. 

 

1.3 Lavazza reserves the right not to accept your application for a Subscription for any reason and no contract will arise between you and Lavazza with respect to a subscription until Lavazza has sent you an email confirming the details of your Subscription (“Subscription Confirmation”). 

 

 

2. THE TYPES OF LAVAZZA "Expert ” SUBSCRIPTION

2.1 You can choose to have A) Coffee Subscription (which includes Coffee Capsule; Coffee Beans and/or Ground Coffee) or B) Coffe + Machine Subscription selecting one of the following coffee machines (each a “Selected Machine”) under your Subscription at a discounted price. Each Selected Machine has a corresponding minimum number of Orders which must be placed and paid during the Subscription: 

 Selected Machine

 Machine Price (discounted)

 Minimum number of capsules per Order

 

 Minimum number of Orders

 

 Classy Mini

 84.99$  (discount: 40$)

 100 capsules

 13

 LB400 Classy Plus

 176$ (discount: 83$)

 100 capsules

 14

 Omnia

 950$

(discount: 450$)

 100 capsules

 200

 

2.2 Cancellation Charges:  If your Subscription is cancelled before you have paid in full for the minimum number of Orders as set out in Section 2.1, you will be charged a “Cancellation Fee” equivalent to the value of the discount applied on each Selected Machine split for the Minimum number of Orders and multiplied by the missed number of Orders in your Subscription.

 

2.3 You can vary the frequency of Orders and deliveries (from every 15 days up to every 90 days) at any time on your My Lavazza page – see Section 3 below – but you cannot reduce the minimum number of Orders and all Orders must be placed and paid for during the duration of the Subscription unless you pay the cancellation fee as provided in Section 2.2 above. 

 

2.4 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 page and will be confirmed to you by email. 

 

2.5 Lavazza may change the number of 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. 

 

2.6 The Order frequency selected by you, the date of your next Order and the times within which delivery can be expected will be displayed on your My Lavazza page.  When the delivery has been arranged, we will notify you by email of the delivery date.  We cannot guarantee delivery on any specific date. In the event that a delivery cannot be fulfilled, Lavazza will contact you by email. 

 

2.7  Lavazza shall have no liability whether in contract, tort (including negligence) or otherwise:

(a) for any delay or failure to complete an application and enter into contractual relations with you; or

(b) for any delay in delivery or non-delivery of any Lavazza product where the cause of the delay was outside our control provided that we contact you as soon as possible to let you know and take steps to minimise the effect of the delay. 

 

 

3. CHANGING YOUR ORDERS

3.1 You can change your selection of capsules, 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.  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 following Order.  Any variation will not affect your obligation to place the minimum number of Orders set out at Section 2.1.

 

3.2 You can postpone the date of the delivery of an individual Order for a maximum of 60 days on your My Lavazza page. 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 following Order

 

3.3 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.

 

 

4.  PRODUCTS AND PRICES

4.1 You may choose to include in your Subscription coffee capsules, coffee beans and ground coffee (“Coffee Products”), equipment such as coffee machines (“Machines”) and/or crockery and accessories . Details of all Lavazza products that may be purchased through Lavazza "Expert " are displayed on our Website. Lavazza only sells products manufactured by it or on its behalf under its own trademarks. 

 

4.2 Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your products total and will be itemized in your shopping cart and in your order confirmation email.  

 

4.3 The price of each product included in your first Order will be specified on the Website at the time you set up a Subscription and will be confirmed to you by email in accordance with Section 2.4.  Prices for our products may change from time to time, but any changes will not affect any Order that you have already placed. The prices for each product applicable to an   Order will be those current as at the date of our email to you confirming delivery and they will be displayed on your My Lavazza page. 

 

 

5.  PAYMENT

We accept payment by debit cards, credit card (Visa, Mastercard, American Express) and PayPal.  You must provide valid details of a payment method when you set up a Subscription.  Any failure to maintain valid, up-to-date payment information with us or to keep your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to the Website and your Subscription immediately without notice. 

 

 

6.  SHIPMENT AND DELIVERY

6.1 Products will be shipped through the carrier and the delivery service you choose while placing an Order to the address indicated in the Order as follows:

(a) STANDARD DELIVERY within 15 days starting from the date of your Order confirmation email 

 

6.2 A shipping fee (USD $9.50) will apply to Standard Delivery Orders under $50 USD. If you are a Customer placing a Standard Delivery Order for delivery to Hawaii or Alaska an extra fee of $5 USD will apply.

 

6.3 No shipping fee will apply to Orders higher than 50 USD. If you are a Customer placing an Order for delivery to Hawaii or Alaska a fee of $5 USD will apply.

 

6.4 Lavazza is not liable for any delays in shipment or for any failure of shipment due to incorrect information provided by you.

 

6.5 You have the ability to change your delivery address through the edit profile feature on your My Lavazza page and during the delivery address confirmation stage of the checkout process. 

 

6.6 Any date that we specify for delivery of the products is intended to be an estimate only and time for delivery shall not be of the essence. Subject to the other provisions of these Subscription Terms, Lavazza will not be liable for any loss (including loss of profit and other economic loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the products, nor will any delay entitle you to terminate or rescind your Subscription, other than in accordance with Section 10 below, unless such delay exceeds 30 days.

 

 

7.  OWNERSHIP AND RISK

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

 

 

8.  OUR LIMITED WARRANTY

8.1  Lavazza warrants that (subject to the other provisions of these Subscription Terms) upon delivery and for a period of 12 months from Subscription Confirmation date (or the Order confirmation date, if ordered later) the Selected Machine will conform in all material respects with its description and be free from material defects in design, material and workmanship and Coffee Products will conform with applicable U.S. law in force at the time of acceptance of the Order (the “Product Warranty”).

 

8.2 In order to make a Product Warranty claim, you must:

(a) give written notice as provided in Section 9 below of the defect to Lavazza during the warranty period within a reasonable time of discovery that the Selected Machine does not comply with the Product Warranty;

(b) provide Lavazza with a reasonable opportunity to examine the Selected Machine and (if asked to do so by Lavazza) you return the Selected Machine to Lavazza's place of business at your expense for the examination to take place there; and

(c) additionally, when you send us the Selected Machine, you must include the original packaging.

 

8.3  Lavazza shall not be responsible under the Product Warranty if:

(a) you make any further use of the Selected Machine after giving notice in accordance with Section 8.2(a);

(b) the defect arises because you failed to follow Lavazza’s oral or written instructions including in the user manual as to the storage, installation, maintenance or use of the Selected Machine;

(c) you alter or repair the Selected Machine without the written consent of Lavazza;

(d) the defect arises as a result of fair wear and tear, misuse or damage, negligence or abnormal storage or working conditions;

(e) the serial number of the Selected Machine has been removed or defaced; or

(f) the Selected Machine differs from its description or specification as a result of changes made to ensure that it complies with applicable statutory or regulatory requirements.

 

8.4 Subject to Sections 8.2 and 8.3, if the Selected Machine does not conform with the Product Warranty Lavazza shall at its option repair or replace the Selected Machine, provided that, if Lavazza so requests, you shall, at your expense, return the Selected Machine or the part thereof which is defective to Lavazza.

 

8.5 Your sole remedy, and Lavazza’s sole and exclusive liability with respect to the Selected Machine’s failure to comply with the Product Warranty is set forth in Section 8.4 above.

 

8.6 This Section 8 also applies to any repaired or replacement product supplied by us to you.

 

8.7  This Section 8 shall not apply to Coffee Products which are not eligible for returns.

 

 

9. AFTERSALES CARE SERVICE FOR PRODUCTS

To made a Product Warranty claim or if you have any questions or complaints about the products, please contact our Customer Care Service on:

Telephone:      (212) 725-8800

E-mail:             us.expert@lavazza.com

 

 

10. CANCELLATION

10.1 Your Subscription will continue unless terminated earlier by either party in accordance with these Subscription Terms.

 

10.2 You can cancel your Subscription at any time as further provided below:

(a) “Early Termination” means any termination of your Subscription before you have fulfilled your minimum order obligation under Section 2.1 above.

(b) Subject to your obligation to pay the Cancellation Fee in the event of an Early Termination, you may cancel your Subscription by providing notice to us in accordance with Section 10.3 below.

 

10.3 To cancel your, please notify us by doing one of the following: 

(a)  Call customer services on (212) 725-8800 or email us at us.expert@lavazza.com. Please provide your name, the business name, address, Subscription number and your phone number and email address; or

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

 

10.4 If you or we cancel your Subscription pursuant to an Early Termination, We may ask you to return the Selected Machine in sellable and good condition, in its original packaging, and accompanied by the applicable invoice and delivery documentation at your own expense to Lavazza Premium Coffee Company to the address We will communicate. You are not obliged to return the coffee capsules. If you do not return the Selected Machine within 30 days of the effective date of termination, we may charge you the full discount value for the Selected Machine using the payment mechanism provided under Section 5 above, and you authorize us to charge your payment mechanism accordingly.

 

10.5 Lavazza may terminate your Subscription if you are in breach of any of these Subscription Terms including, without limitation, if:

(a) You do not make any payment to us when it is due, and you still do not make payment 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 provide the products, for example, delivery details; or

(c)  You do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

 

If our termination of your Subscription under this Section 10.5 is an Early Termination, We may ask you to pay the Cancellation Fee and return the Selected Machine in accordance with Section 10.4 above.

 

 

11. LIMITATION OF LIABILITY

11.1 Any photographs and descriptions of products on our Website are intended for information purposes only and are not contractual representations. We are not liable for any errors or omissions in the photographs or descriptions on our Website.

 

11.2 EXCEPT FOR THE PRODUCT WARRANTY, ALL PRODUCTS ARE PROVIDED AS-IS AND LAVAZZA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

11.3 Nothing in these Subscription Terms excludes or limits the liability of Lavazza where it cannot be limited or excluded by law, including (as applicable) liability for death or personal injury caused by Lavazza’s negligence or for Lavazza’s fraudulent misrepresentation.

 

11.4 Subject to Section 11.3, Lavazza’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of our contract shall be limited to the price you paid us for the relevant products.

 

11.5 Lavazza shall not be liable to you for any indirect, punitive, incidental, special, exemplary, or consequential loss or damage, loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, depletion of goodwill, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with our contract.

 

 

12. PRIVACY AND WEBSITE POLICIES

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

 

12.2        Please inform us promptly of any change to your contact details so that we can update our records and continue to process your Orders.

 

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

 

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

 

 

13. INTELLECTUAL PROPERTY

Lavazza and its licensors will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website, or of any intellectual property rights relating to those products. You agree that you are buying products from the Website for your own use only, and not for resale or export.

 

 

14. APPLICABLE LAW

14.1 These Subscription Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or your Subscription or any Order shall be governed by and construed in accordance with the laws of the State of New York.

 

14.2 Any disputes arising from under these Subscription Terms shall be resolved in binding arbitration and are subject to a waiver of class action lawsuits as described in our Terms and Conditions of Use.

 

 

15. MISCELLANEOUS

15.1 We shall not be liable for delay or failure to perform our obligations under these Subscription Terms due to any contingency beyond our reasonable control, including, but not limited to, war, acts of terrorism, riot or other civil unrest, political insurrection, acts or Subscriptions (including shutdowns) or expropriation by any government, public health emergency, inability to procure or shortage of suppliers of necessary materials, fuel shortage, strike, lock out or other labor disturbances or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, criminal or malicious acts of third parties, fire, flood, explosion, earthquake or other natural events.

 

15.2 You may not assign any of your rights or delegate any of your obligations under these Subscription Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15.2 is null and void. No assignment or delegation relieves you of any of your obligations under these Subscription Terms.  Lavazza may assign these Subscription Terms or any contract of sale in whole or in part.

 

15.3 These Subscription Terms, our Privacy Policy, our Cookie Policy, and our Terms of Use and any documents referenced therein constitute the sole and entire agreement between you and Lavazza and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the use of the Website.

 

15.4 If any provision of these Subscription Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Subscription Terms and will not affect the validity or enforceability of the remaining provisions of these Subscription Terms.

 

 

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