INTRODUCTION
These terms and conditions (the "Sale Terms") apply when a Customer places an order for Lavazza products online (an "Order").
Before you can place an Order, you must first set up an account with us by following the instructions on our website: https://store.lavazza.co.uk/ (the "Website"). Details of your Orders will be accessible on your account page on our Website. These Sale 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. They can be viewed on our Website. We may amend these Sale Terms at any time without notice to you
CUSTOMER CARE SERVICES
If you need any information or assistance or wish to make a complaint, please contact our Customer Care Service on:
Telephone: 0800 599 9200
E-mail: UK.info@lavazza.com.
1. FORMATION OF CONTRACT
1.1 When you place an Order that we accept, 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; and
- The “Customer” or “you”: the company or business based in the United Kingdom which has placed an Order. These Sale Terms only apply to B2B transactions. If you are a consumer, please visit our consumer website by following this link: https://www.lavazza.co.uk/en.html ;
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 dispatch of your Order (“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 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 food products (“Coffee Capsules”), 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.
2.3 We reserve the right to amend the specification of the products if required by any applicable statutory or regulatory requirement.
2.4 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.
2.5 All prices are inclusive of VAT. We will adjust our prices to reflect any change in the rate of VAT. The price of the products do not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your Order.
2.6 Prices for our products may change from time to time, but changes will not affect any Order you have already placed.
3 PAYMENT
3.1 We accept payment by debit card, credit card (Visa, Mastercard, Maestro, American Express) and PayPal. You must provide 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 dispatch your products.
4 SHIPMENT AND DELIVERY
4.1 Products will be shipped by DPD, Royal Mail or Whistl to the delivery address specified [on your My Lavazza page] [in your Order]. Delivery is complete once the products have been unloaded at the address for delivery. 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.
4.2 You have the ability to change your delivery address through the «edit profile» feature and during the delivery address confirmation stage of the checkout process. Unfortunately, we do not deliver to The Channel Islands or any addresses outside the UK.
4.3 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 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 [otherwise than in accordance with clause 9] unless such delay exceeds 30 days.
4.4 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 resell part or all of the products [and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the products or charge you for any shortfall below the price of the products].
5 OWNERSHIP AND RISK
5.1 Ownership of any products delivered to you in any Order shall pass to you when you have paid for the Order.
5.2 At any time before title to the products passes to you, Lavazza may require you to deliver up all the products in your possession and if you fail to do so promptly, enter your business premises or those of any third party where the relevant products are stored in order to recover them.
5.3 Risk of loss or damage to any products shall pass to you on delivery to you.
6 OUR 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 delivery Machines will conform in all material respects with their description and be free from material defects in design, material and workmanship and Coffee Capsules will conform with applicable United Kingdom and European legislation in force at the time.
6.2 Lavazza shall not be liable for a breach of the warranty in clause 6.1 unless:
(a) you give written notice of the defect to Lavazza during the warranty period within a reasonable time of discovery that the Machine does not comply with the warranty set out in clause 6.1; and
(b) Lavazza is given 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.
6.3 Lavazza shall not be liable for a breach of the warranty in clause 6.1 if:
(a) you make any further use of the Machine after giving notice in accordance with clause 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 clauses 6.2 and 6.3, if the Machine does not conform with the warranty in clause 6.1 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.
6.5 Except as provided in this Clause 6, Lavazza shall have no liability to you in respect of the failure of any Machine to comply with the warranty set out in clause 6.1.
6.6 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.
6.7 This clause 6 also applies to any repaired or replacement product supplied by us to you.
7 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
E-mail: UK.info@lavazza.com.
8 CANCELLATION
8.1 You can cancel your Order without liability for any reason within 14 days of the date of our Order Confirmation by calling customer services on 0800 599 9200 or emailing us at UK.info@lavazza.com. Please provide your name, address, subscription number details of the Order and your phone number and email address.
8.2 If you cancel your Order you must return at your own cost and expenses any Machines and/or Accessories in good working condition and in their original box to us by post within 14 days of the date of notifying us in accordance with clause 8.1 at your own expense to Lavazza Coffee UK Ltd Unit 41 Metropolitan Park - Halifax Road, Greenford Middlesex, UB6 8XU and we will reimburse the price paid for such products to you.
8.3 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 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.
9.3 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 or any other liability that cannot be limited or excluded by law.
9.4 Subject to clause 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 of the products.
9.5 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.
10 PRIVACY AND WEBSITE POLICIES
10.1 Details of your Subscription and your personal data will be retained and used by Lavazza in accordance with our Privacy Policy.
10.2 Please read our Website Terms of Use and our Cookie Policy for further information about using our Website.
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 WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT DISPOSAL
By placing an Order 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.
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 England and Wales.
12.2 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 Sale Terms and your Order.
