Last Updated: January 15th, 2021
By placing an order for Lavazza products online (an "Order") you agree to these terms and conditions (the "Sale Terms").
We may amend these Sale Terms at any time without notice to you. The latest version of these Sale Terms will be posted at this page and will be effective upon posting. You should review them before purchasing any product through this Website. The Sale Terms that are posted at the time your Order is made will govern that Order.
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
1. FORMATION OF CONTRACT
1.1 When you place an Order that we accept, 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; and
• The “Customer” or “you”: the company or business based in the United States which has placed an Order. These Sale Terms only apply to business-to-business transactions. If you are a consumer, please visit our consumer website by following this link: https://www.lavazza.us/;
1.2 Lavazza reserves the right not to accept your Order and no contract will arise between you and Lavazza until Lavazza has sent you an email confirming the acceptance of your Order (“Order Confirmation”). Except as expressly provided in these Sales Terms, all Orders are non-cancellable once we send you the Order Confirmation.
1.3 If we are unable to supply you with any products for any reason, we will inform you of this by email and we will not process your Order. If you have already paid for the products, we will refund you the full amount including any delivery costs and taxes charged as soon as possible.
1.4 By placing an Order, you accept these Sale Terms and agree to accept delivery of and pay for the Order of Lavazza products in the quantities selected by you.
2. PRODUCTS AND PRICES
2.1 You may choose to purchase coffee capsules, coffee beans and ground coffee (“Coffee Products”), equipment such as coffee machines (“Machines”) and/or crockery and accessories (“Accessories”). Details of all Lavazza products that may be purchased are displayed on our Website. Lavazza only sells products manufactured by it or on its behalf under its own trademarks.
2.2 The packaging of your products may vary from that shown on images on our Website. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.
2.3 The price of each product will be that specified on the Website on the date of your Order and will be confirmed to you by email.
2.4 Prices do not include applicable sales or use taxes or delivery charges. All such taxes will be added to your products total and will be itemized in your shopping cart and in your order confirmation email.Our delivery charges are provided during the check-out process, before you confirm your Order.
2.5 Prices for our products may change from time to time, but changes will not affect any Order you have already placed.
3.1 We accept payment by debit card, credit card (Visa, Mastercard, American Express) and PayPal. You must provide valid details of a payment method when you place an Order.
3.2 Payment for the products and all applicable delivery charges must be made in advance. We will not charge your debit card or credit card until we ship your products.
3.3 We may require you to maintain valid credit card or other payment account information with us, and if so, you hereby authorize us to charge your credit card or other payment account for each Order. 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 immediately without notice.
4. SHIPMENT AND DELIVERY
4.1. Products will be shipped to the United States address you specify and you may select
a) STANDARD DELIVERY within 15 days starting from the date of your Order confirmation email
b) EXPEDIT DELIVERY with 10 days starting from the date of your Order confirmation email
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.
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 $5 USD will apply anyway.
A shipping fee of 24,99$ will always apply if you select the EXPEDIT Delivery service while placing the purchase Order
4.2. Delivery is complete once the products have been unloaded at the address for delivery. If the shipping provider cannot make a delivery of the products it will leave a notice with a phone number to be contacted in order to arrange a new delivery date.
4.3. You have the ability to change your delivery address through the edit profile feature of the Website and during the delivery address confirmation stage of the checkout process. Changes to delivery address are not guaranteed on submitted orders for which an order confirmation and/or order number has been generated.
Unfortunately, we do not deliver to addresses outside the United States.
4.4. Any date that we specify for delivery of the products is intended to be an estimate only and time for delivery is not of the essence. Subject to the other provisions of these Sale 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 cancel or rescind your Order, other than in accordance with Section 8 below, unless such delay exceeds 30 days.
4.5. If you fail to take delivery within 10 days after the day on which we notified you that the products were ready for delivery, we may: i) let you pick up the Order at our premises; or ii) cancel the Order and assess reasonable storage and handling costs.
5 OWNERSHIP AND RISK
5.1 Title and risk of loss pass to you upon our transfer of the products to the carrier.
6. OUR LIMITED WARRANTY
6.1 Lavazza warrants that (subject to the other provisions of these Sale Terms) upon delivery and for a period of 12 months from the Order Confirmation date Machines will conform in all material respects with their description on the Website and packaging and will 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”).
6.2 In order to make a Product Warranty claim, you must:
(a) give written notice as provided in Section 7 below of the defect to Lavazza during the warranty period within a reasonable time of discovery that the Machine does not comply with the Product Warranty;
(b) provide Lavazza with a reasonable opportunity to examine the Machine and you (if asked to do so by Lavazza) return the Machine to Lavazza's place of business at your expense for the examination to take place there;
(c) additionally, when you send us the Machine , you must include the original packaging.
6.3 Lavazza shall not be responsible under the Product Warranty if:
(a) you make any further use of the Machine after giving notice in accordance with Section 6.2(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 Machine;
(c) you alter or repair the 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 Machine has been removed or defaced; or
(f) the Machine differs from its description or specification as a result of changes made to ensure that it complies with applicable statutory or regulatory requirements.
6.4 Subject to Sections 6.2 and 6.3, if the Machine does not conform with the Product Warranty Lavazza shall at its option repair or replace the Machine, provided that, if Lavazza so requests, you shall, at your expense, return the Machine or the part thereof which is defective to Lavazza. Section 7 below describes how to contact us for Product Warranty claims.
6.5 Your sole remedy, and Lavazza’s sole and exclusive liability, with respect to the failure of any Machine to comply with the Product Warranty is set forth in Section 6.4 above.
6.6 This Section 6 also applies to any repaired or replacement product supplied by us to you.
6.7 This Section 6 shall not apply to Coffee Products which are not eligible for returns.
7. AFTERSALES CARE SERVICE FOR PRODUCTS
To make a Product Warranty claim or if you have any questions or complaints about the products, please contact our Customer Care Service:
Telephone: (212) 725-8800
8.1 You can cancel your Order without liability for any reason before we send you the Order Confirmation by calling customer services on (212) 725-8800 or emailing us at email@example.com. Please provide your name, address, subscription number details of the Order and your phone number and email address.
8.2 Lavazza may terminate your Order if you are in breach of any of these Sale 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;
(c) You do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9. LIMITATION OF LIABILITY
9.1 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.
9.2 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.
9.3 Nothing in these Sales 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.
9.4 Subject to Section 9.3, 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.
9.5 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.
10. PRIVACY AND WEBSITE POLICIES
10.3 Please visit the relevant sections of our Website in order to keep up to date with any modifications of the above-mentioned documents.
11. INTELLECTUAL PROPERTY
11.1 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.
12. APPLICABLE LAW
12.1 These Sale Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or your Order shall be governed by and construed in accordance with the laws of the State of New York.
12.2 Any disputes arising from under these Sales 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.
13.1 We shall not be liable for delay or failure to perform our obligations under these Sales 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 Orders (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.
13.2 You may not assign any of your rights or delegate any of your obligations under these Sales Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13.2 is null and void. No assignment or delegation relieves you of any of your obligations under these Sales Terms. Lavazza may assign these Sales Terms or any contract of sale in whole or in part.
13.4 If any provision of these Sales Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Sales Terms and will not affect the validity or enforceability of the remaining provisions of these Sales Terms.