Last Update: January 15th, 2021
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE MAKING A PURCHASE ON THIS WEBSITE. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOUR PURCHASE.
BY PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE E-COMMERCE TERMS AND CONDITIONS (“E-COMMERCE TERMS”).
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE E-COMMERCE TERMS; (B) ARE NOT AT LEAST 18 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
Lavazza reserves the right to change these E-Commerce Terms at any time without prior notice to you, and in its sole discretion. The latest version of these E-Commerce Terms will be posted at this page and will be effective upon posting. You should review them before purchasing any product through this Site. The E-Commerce Terms that are posted at the time your order is made govern that order.
THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 14 THAT AFFECTS YOUR RIGHTS UNDER THESE E-COMMERCE TERMS WITH RESPECT TO THE PURCHASES THROUGH THE SITE.
1. CONTRACT PARTIES - COMMERCIAL POLICY
These E-Commerce Terms apply exclusively the sale of Lavazza products. The sale of third party products that are linked to the Site, or that appear by means of banners or hyperlinks are not governed by these E-Commerce Terms. If you want to purchase any third party product please check the product’s applicable website and online sales conditions. Lavazza does not control and is not responsible for the supply of goods or services offered by those companies.
Lavazza sells its products only within the territory of the United States of America (hereinafter “Territory”).
The language governing these E-Commerce Terms is English.
The products listed on the Site are Lavazza-branded products under Lavazza trademarks, or trademarks under license from others. Lavazza does not sell on the Site second-hand products.
Detailed description of the products can be found on the products’ pages on the Site. Note that the pictures and colors of the products on the Site may differ from the physical article depending on your Internet browser settings or the device or monitor settings you use.
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the Order is submitted and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your products total and will be itemized in your shopping cart and in your Order confirmation email. 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. Please check the final prices before placing an Order and completing the purchasing procedure.
4. ENTERING INTO A CONTRACT WITH LAVAZZA
You may place an Order on the Site by following the “Shop Lavazza” link. When you place your Order, we will provide you a summary showing a list of the products you selected to purchase, their prices, taxes, and shipping and/or other additional costs (if any). You agree that your Order is an offer to buy, under these E-Commerce Terms, all products listed under your Order. If you disagree with any of the E-Commerce Terms, we invite you not to place an Order. All Orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any Orders in our sole discretion.
When we receive your Order, we will send you a confirmation email with your Order number and details of the items you have ordered. Our acceptance of your Order and the formation of the contract of sale between Lavazza and you will not take place until we have verified the data you provided with your Order and you have received your Order confirmation email.
You have the option to cancel your Order at any time before we have sent your Order confirmation email by calling our Customer Service Department at Tel: (212) 725-8800; e-mail: US.email@example.com
The Order will be filed in Lavazza database to the extent it is necessary for Lavazza to process it in compliance with any applicable law.
Lavazza will not fill Orders that are incomplete and/or incorrect. In such cases, we will inform you that the Order has not been finalized nor processed, specifying the relevant reasons.
If any of the Product(s) that was displayed on the Site either at the time of your last access or at the time you placed the Order become unavailable, Lavazza will timely inform you about the unavailability, and in any event within 30 days as of the day after you placed the Order.
If you have already paid for the Products, the contract will be considered terminated and Lavazza will refund the entire amount promptly.
Any liability, whether in contract or in tort, for direct or indirect damages to persons and / or property caused by the failure to accept an Order is expressly excluded.
5. SHIPMENT AND DELIVERY
Products will be shipped through the carrier and the delivery service you choose while placing an Order to the address indicated in the Order as follows:
a) STANDARD DELIVERY within 15 days starting from the date of your Order confirmation email
b) EXPRESS 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 $5 USD will apply.
A shipping fee of 24,99$ will apply if you select the EXPRESS Delivery service while placing the purchase Order
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed If the courier is not able to successfully deliver the products it will leave a notice with a phone number to be contacted in Order to arrange a new delivery date.
Lavazza is not liable for any delays in shipment or for any failure of shipment due to incorrect information provided by you.
Payments must be received by Lavazza before our acceptance of the Order. Payments can be made:
(i) by credit card (Visa / Mastercard / American Express) or
(ii) by Paypal, selecting it during the purchase procedure you will be redirected to the secure Paypal servers where, by logging in with your credentials, you will be able to complete payment by debit or credit card, bank account or electronic purse.
You agree to pay all amounts owed to us for each Order. 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 Site immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser. You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.
You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
If you choose to pay via credit card your payment card information (e.g. card number, expiration date, security code, etc.) will be forwarded by encrypted protocol to the bank providing the electronic payment service.
Your payment card information will never be used by Lavazza for any purpose other than processing your Orders, or to process a refund, or to prevent fraud or to report fraud cases to the Competent Authorities.
7. RETURN AND REFUNDS
Except for food products which are non-returnable, we will accept a return of any product that is substantially in the same condition you received it for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 working days of the delivery date and provided that the product is returned in its original condition. To return the product, you must contact us by giving us written request for a return, providing the Order information and the product you would like to return using one of the following means:
Registered Mail Lavazza, Attn: MyWay Subscriptions, 120 Wall Street, Floor 27, NY, NY 10005
When we receive such written communication, Lavazza will contact you in a timely manner, in Order to indicate the address where the products must be returned. You shall return the products following the instruction received and at your own expense within 14 days starting from the date we provide you with a return address. You bear the risk of loss during shipment, and title will pass to us upon receipt. Once we receive the returned products, we will process your refund back to the same payment method used to make the original purchase on the Site.
For any further information about returning a product you can reach Lavazza Customer Service.
8. LIMITED WARRANTY
Lavazza warrants that the products purchased on the Site will be free from any defects for a period of time of 12 (twelve) months starting from the date of the Order confirmed by Lavazza (“Warranty Period”).
TO THE EXTENT NOT PROHIBITED BY LAW, WE LIMIT THE DURATION AND REMEDIES OF ANY WARRANTIES TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS LIMITED WARRANTY ONLY EXTENDS TO THE ORIGINAL PURCHASER OF PRODUCTS FROM THE SITE. IT DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER OWNER OR TRANSFEREE OF THE PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO 1) TRANSPORTATION; 2) STORAGE; 3) IMPROPER OR NEGLIGENT USE; 4) FAILURE TO FOLLOW PRODUCT INSTRUCTIONS; 5) MODIFICATIONS; 6) COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY LAVAZZA; 7) UNAUTHORIZED REPAIR; 8) NORMAL WEAR AND TEAR; OR 9) EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL.
THE WARRANTY PERIOD IS NOT EXTENDABLE EVEN IF WE REPAIR OR REPLACE A WARRANTED PRODUCT. WE MAY CHANGE THE AVAILABILITY OF THIS LIMITED WARRANTY AT OUR DISCRETION, BUT CHANGES WILL NOT BE RETROACTIVE.
TO OBTAIN THE WARRANTY: YOU MUST SEND THE WARRANTED PRODUCT ALONG WITH ALL DOCUMENTS PROVING THE PURCHASE AND THE DELIVERY DATE TO OUR ASSISTANCE CENTER:
Lavazza, Attn: Warranties, 120 Wall Street, Floor 27, NY, NY 10005
AS OUR SOLE LIABILITY UNDER THE LIMITED WARRANTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, WE WILL, IN OUR SOLE DISCRETION, EITHER REPAIR OR REPLACE THE WARRANTED PRODUCT OR ITS DEFECTIVE PART OR REFUND THE PURCHASE PRICE OF SUCH PRODUCTS. WE WILL ALSO PAY FOR SHIPPING AND HANDLING FEES TO RETURN THE REPAIRED OR REPLACEMENT PRODUCT OR PART TO YOU IF WE ELECT TO REPAIR OR REPLACE THE DEFECTIVE PRODUCT OR PART.
LAVAZZA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, OR FOR ANY LOST PROFITS, INCOME OR REVENUE.
10. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products from the Site for your own personal use only, and not for resale or export.
11. INTELLECTUAL PROPERTY USE AND OWNERSHIP
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 Site 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 Site, or of any intellectual property rights relating to those products.
12. FORCE MAJEURE
We shall not be liable for delay or failure to perform our obligations under these E-Commerce 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.
14. DISPUTE RESOLUTION
Any disputes arising from under these E-Commerce 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.
15. NO WAIVERS
No waiver by Lavazza of any term or condition set out in these E-Commerce Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lavazza to assert a right or provision under these E-Commerce Terms shall not constitute a waiver of such right or provision.
You will not assign any of your rights or delegate any of your obligations under these E-Commerce Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these E-Commerce Terms. Lavazza may assign these E-Commerce Terms or any contract of sale in whole or in part.
17. ENTIRE AGREEMENT
If any provision of these E-Commerce Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these E-Commerce Terms.
For any other information about the usage of the Site please read the Terms and Conditions of Use.
Lavazza may change or update these E-Commerce Terms from time to time. Changes will be effective when posted to this Site. We encourage you to review these policies from time to time so you are aware of the changes.
20. APPLICABLE LAW
Any and all disputes that may arise in connection with your purchase from this Site shall be governed by and construed in accordance with the Federal Arbitration Act and the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. If any claim or action is not subject to arbitration, the sole and exclusive jurisdiction for any such claim or action shall be in the courts of the State of New York having jurisdiction for the Borough of Manhattan and the federal courts for the Southern District of New York.
21. CUSTOMER CARE SERVICES
For any information or complaint, please contact the Lavazza Customer Service,