1. THE LAVAZZA "MY WAY BUSINESS" SUBSCRIPTION
1.1 When you set up a Subscription, a contract will be formed between:
- Lavazza Coffee (UK) Ltd (“Lavazza” or "we"), a company registered in England and Wales, (registered number 02447761) whose registered office is at 9 New Square, Lincolns Inn, London, WC2A 3QN and whose offices are at 5th Floor, Charter Building, Vine Street, Uxbridge UB8 1JG. Our registered VAT number is GB 125460239;
- The “Customer” or “you”, the company or business based in the United Kingdom which has set up a Subscription. These Subscription Terms only apply to B2B transactions. If you are a consumer, please set up a subscription via our consumer website by following this link: https://www.lavazza.co.uk/en/lavazza-my-way/machine-and-capsules-subscription.html these Subscription Terms shall apply to each Order delivered under the Subscription.
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 also agree that Lavazza will automatically take 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 until Lavazza has sent you an email confirming the details of your Subscription (“Subscription Confirmation”).
2. THE TYPES OF LAVAZZA "MY WAY BUSINESS” SUBSCRIPTION
2.1 You can choose one of the following two coffee machines (each a “Selected Machine”) under your Subscription. Each Selected Machine has a corresponding minimum number of Orders which must be placed and paid during the Subscription:
Minimum number of capsules per Order
Minimum number of Orders
LB Classy Mini + Milk Frother
LB Classy Custom Milk
2.2 Cancellation Charges: If your Subscription is cancelled before you have paid in full for the minimum number of Orders within the Term as set out in the table at clause 2.1, you will be charged a cancellation fee equivalent to the value of the Selected Machine and (if the case maybe) of the Milk Frother (as indicated on the Site and diminished of the value already paid by the customer) 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 2 weeks up to 8 weeks) at any time on your My Lavazza page – see clause 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.
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 clause 2.1.
3.2 You can change 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 Details of all Lavazza products that may be purchased through Lavazza "My Way Business" are displayed on our Website. Lavazza only sells products manufactured by it or on its behalf under its own trademarks.
4.2 All prices are inclusive of VAT at the applicable rate from time to time. A VAT invoice will be sent to you with your Subscription Confirmation and each subsequent Order.
4.3 The price of each product included in your first delivery 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 clause 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.
4.4 We will adjust our prices to reflect any change in the rate of VAT.
We accept payment by debit cards, credit card (Visa, Mastercard, Maestro, American Express) and PayPal. You must provide details of a payment method when you set up a Subscription.
6. SHIPMENT AND DELIVERY
6.1 Products will be shipped by DPD, Royal Mail or Whistl 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 products it will leave a notice with a phone number to be contacted in order to arrange a new delivery date. Unfortunately, we do not deliver to The Channel Islands
6.2 Delivery of any Orders under the Subscription is free of charge.
6.3 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.
6.4 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 otherwise than in accordance with clause 10 unless such delay exceeds 30 days.
7. OWNERSHIP AND RISK
7.1 Ownership of the Selected Machine will not pass to you until you have placed and paid for the minimum number of Orders. Ownership of the capsules and all other Lavazza products delivered to you in any Order shall pass to you when you have paid for the applicable Order.
7.2 Risk of loss or damage to the Selected Machine and all other products shall pass to you on delivery to you.
8. OUR 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 delivery the Selected Machine will conform in all material respects with its description and be free from material defects in design, material and workmanship.
8.2 Lavazza shall not be liable for a breach of the warranty in clause 8.1 unless:
(a) you give written notice of the defect to Lavazza during the warranty period within a reasonable time of discovery that the Selected Machine does not comply with the warranty set out in clause 8.1; and
(b) Lavazza is given 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.
8.3 Lavazza shall not be liable for a breach of the warranty in clause 8.1 if:
(a) you make any further use of the Selected Machine after giving notice in accordance with clause 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 clauses 8.2 and 8.3, if the Selected Machine does not conform with the warranty in clause 8.1 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 Except as provided in this Clause 8, Lavazza shall have no liability to you in respect of the Selected Machine’s failure to comply with the warranty set out in clause 8.1.
8.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from our contract.
8.7 This clause 8 also applies to any repaired or replacement product supplied by us to you.
9. AFTERSALES CARE SERVICE FOR PRODUCTS
If a product is defective in any way or if you have any questions or complaints about the products, please contact our Customer Care Service on:
Telephone: 0800 599 9200
10.1 Your Subscription will continue unless terminated earlier by either party.
10.2 You can cancel your Subscription at any time as follows:
(a) You can cancel your Subscription without liability for any reason within 14 days of the date of your Subscription Confirmation by notifying us in accordance with clause 10.3 and returning the Selected Machine to us in accordance with clause 10.4.
(a) Should you wish to cancel your Subscription at any time after the 14 day period set out in clause 10.2(a) expires, you, if you have not fulfilled all the minimum orders as indicated in clause 2.1., may be charged a cancellation fee calculated in accordance with clause 2.2. Please notify us in accordance with clause 10.3.
10.3 To cancel your Subscription as set out in clause 10.2(a) or 10.2(b), please notify us by doing one of the following:
(a) Call customer services on 0800 599 9200 or email us at UK.email@example.com. Please provide your name, home 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 cancel your Subscription in accordance with clause 10.2(a) you must return the Selected Machine in original, sellable and good condition, in its original packaging, and accompanied by the applicable invoice and delivery documentation at your own expense to Lavazza Coffee UK Ltd Unit 41 Metropolitan Park Halifax Road, Greenford Middlesex, UB6 8XU. You are not obliged to return the coffee capsules. We may reduce your refund of the price to reflect any reduction in the value of the Selected Machine, if this has been caused by your handling it in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Selected Machine and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.
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;
(c) You do not, within a reasonable time, allow us to deliver the products to you or collect them from us,
in which case clause 2.2 applies and you will be charged the applicable cancellation fee.
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 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Subscriptions Terms and the contract between us.
11.3 Nothing in these Subscription Terms excludes or limits the liability of Lavazza for death or personal injury caused by Lavazza’s negligence or for fraudulent misrepresentation.
11.4 Subject to clause 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 of the products.
11.5 Lavazza shall not be liable to you for any indirect 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
12.2 Please inform us promptly of any change to your contact details so that we can update our records and continue to process your Orders.
12.4 Please visit the relevant sections of our Website in order to keep up to date with any modifications of the above-mentioned documents.
13. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT DISPOSAL
By setting up a Subscription you expressly agree, pursuant to Regulation 12(2) of The Waste Electrical and Electronic Equipment Regulations 2013, to assume responsibility for financing the costs of the collection, treatment, recovery and environmentally sound disposal of the Selected Machine and any waste electrical and electronic equipment it is intended to replace.
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 England and Wales.
14.2 Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Subscription Terms and your Subscription.