LAVAZZA SUBSCRIPTION

TERMS AND CONDITIONS

INTRODUCTION

These terms and conditions (the "Subscription Terms") apply when a Customer sets up a Lavazza Subscription to buy Lavazza A Modo Mio products online. Lavazza Subscription is an easy and convenient way to arrange repeat orders for A Modo Mio capsules (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: https://www.lavazza.com.au/  (the "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 and any cancellation charges from your account or credit or debit card using the payment method selected by you.

 

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, 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.         THE TYPES OF LAVAZZA SUBSCRIPTION

 

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

- A) LAVAZZA Capsules Subscription: 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.

- B) LAVAZZA Coffee Machine and Capsules Subscription (Coffee Machine Subscription): 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                       $1

Jolie & Milk          $1

Desea                   $79

SMEG                   $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                     $98

Jolie & Milk         $198

Desea                     $220

SMEG                     $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.

Selected Machine

Min. no. of orders

Cancellation charge applies if cancellation before

Jolie

1 + 6

7th delivery

Jolie & Milk

1 + 7

8th delivery

Desea

1 + 8

9th delivery

SMEG

1 + 8

9th delivery 

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

 

1.3  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.

1.4  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. CHANGING YOUR ORDERS

 

2.1 Whichever option you choose, 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 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 Subscription are displayed on the Website.

 

3.2 All prices are inclusive of any applicable GST and shipping.

 

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 under clause 2.3. 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.

 

4. PAYMENT

 

4.1 We accept payment by Visa, Mastercard, Maestro, American Express and PayPal. You must provide details of a payment method when you set up a Lavazza Subscription.

 

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 products it will leave a notice with details on how to collect your parcel.

 

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 2.3 by notifying us in accordance with clause 9.3.

(b) You can cancel your Lavazza Subscription at any time after delivery of the first Order by notifying us in accordance with clause 9.3. 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 thereof for any reason by notifying us in accordance with clause 9.3. 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 2.1.

 

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 9.2(a) or an Order under clause 9.2(b), you must (in the case of your first Order only) return the Selected Machine in good condition and (in the case of all Orders) 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.

 

8. PRIVACY AND WEBSITE POLICIES

 

8.1 Details of your Lavazza "My Way" 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. APPLICABLE LAW

 

9.1 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.

 

9.2 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.