What these terms cover. These are the terms and conditions which relate to the supply of our products to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or terminate or cancel our contract with you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us.
Information about us and how to contact us
Who we are. We are Caffè Nero Americas, Inc. trading as Caffè Nero. We are a company registered in Delaware, and our company EIN is 46-3749140. Our address is Caffe Nero, 320 Congress Street, Boston, MA 02210.
Contacting us. If you need to contact us, you can do so by telephoning our customer service team at +1 (617) 245-8902 or by writing to us.
How we might contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
Eligibility to Purchase. In order to place orders with us, you must be 18 years old or over.
Acceptance of your order. Your order is an offer to us to buy the products in your order. Once you have placed your order, we will send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and us will only be formed when we send you an email to confirm the products have been dispatched to you. Only the products listed in this confirmation email sent at the time of dispatch of the products are included in the contract formed.
Multiple packages. If your order is dispatched in more than one package, you may receive a separate confirmation for each package, and each confirmation and the corresponding package will conclude a separate contract between us for the product that are specified in that email. Your contract is with Caffè Nero Americas, Inc.
If we cannot accept your order. If we are unable to accept your order for any reason we will inform you of this in writing and will not charge you for the product. This might be for a number of reasons, including because (i) the product is out of stock, (ii) the product is withdrawn due to its failure to meet our quality standards, (iii) of or in connection with the shipping restrictions applicable to any of the products ordered, or (iv) we have identified an error in the price or description of the product. Our Customer Service team will contact you as soon as possible if we learn of any problems with your order.
How to tell us about problems. If you have any questions or complaints about your order or the products you have ordered, please contact us. You can telephone our customer service team on 617 245-8902 or write to us.
Returning products. If you are cancelling the contract after the products have been dispatched to you or if you have already received the products, you must return the products to us using our returns procedure. More details of our returns procedure.
Costs of return. You will be responsible for paying the costs of returning any products to us
How we will refund you. We will refund you the price you paid for the products including excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them 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 products and later discover you have handled them in an unacceptable way, you agree to pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you.
Legal Rights. Nothing in these terms will affect your legal rights under the law.
Providing the products
Delivery costs. The costs of delivery of the products will be as displayed to you on our website. Please refer to our website for further details on delivery costs.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
When you become responsible for the products. The products will be your responsibility from the time we deliver them to the address you gave us.
Price and payment
Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
International Laws. In certain circumstances, the laws of some countries may not allow some or all of the exclusions of liability described above. If these laws apply to you, some of the limitations may not apply to you and you may have additional rights under those laws.
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by and construed in accordance with Massachussets and US law, and we both agree that if there is a dispute arising out of or in connection with the agreement between us, that the Massachussets courts shall have jurisdiction to hear the dispute.
