These Terms of Sale regulate the supply and sale of products through the website  http://www.1895bylavazza.com/ (the “Website”), owned by Luigi Lavazza S.p.A., to consumers who have joined the “1895 Subscriptions” programme (hereinafter the “Programme” or the “Subscription”) in relation to coffee products with the “1895 Coffee Designer” brand sold by Lavazza (the “Products”).

These terms of sale apply to every subscription made to the Programme by a Customer, without prejudice to the general conditions of sale on the Website (the “General Conditions”); in the event of any conflict between the contents of these terms and the General Conditions, these terms shall prevail. For the purposes of these terms of sale, the definitions set out in the General Conditions apply where they are not reiterated and/or departed from within this document.

For any other information regarding the use of the website and the purchases made through the website, please refer to the following sections: Terms of Use, Privacy Policy, and Cookie Policy, which we invite you to check periodically, together with these Terms of Sale, to see if there are any updates or changes.

You have the right to request additional information through our support services, by contacting the Lavazza Customer Service Centre – Via Bologna 32 - 10152 Turin, Italy – Tel. 800.124.535 – email:  info@1895bylavazza.com.

The Programme is a form of subscription concerning 1895-branded products, which can be entered into through two options:

a.  “1895 PREMIUM”: with the 1895 Premium Package, Customers may select the Products they wish to receive through Orders that recur every 4 weeks. Customers must select the quantity for each Order, choosing between: 1) 250 g; 2) 500 g.; 3) 1,000 g.

b. “CLUB 1895”: with the Club 1895 Package, Customers agree to receive the Products selected on each occasion by Lavazza experts through Orders that recur every 4 weeks. Customers must select the quantity for each Order, choosing between: 1) 250 g; 2) 500 g.; 3) 1,000 g. For the selection criteria and further information on Product rotation, please see the Website and article 6 of these Terms.

Customers who subscribe to the Programme agree that Lavazza may automatically generate Purchase Orders for Products at set intervals of every 4 weeks starting from the date on which they join the Programme.

Within their own Personal Areas, Customers may check the frequency and status of Orders at any time (e.g. the regularity of the orders and the products ordered).

The advantages and prerogatives of the products purchased through the Programme cannot be added to those arising from other initiatives and/or promotions launched by Lavazza, unless otherwise provided for in the rules of such initiatives.

Exclusively following adherence to the Programme, and for the duration of the Programme, Customers may purchase professional equipment for the preparation of the Products (e.g. doser grinders, professional espresso coffee machines, etc.) from the website in the following formats (jointly called the “Packages”):

a. the Esprò 1895 Package consisting of the Nuova Simonelli 1895-Oscar 2 coffee machine, the Eureka 1895-Mignon coffee grinder, a knock drawer and a tamper.
Minimum Product Orders: 24 - Value in Euro: approx.€1,280 Down Payment: €200 - Instalments: €45 x 24 further instalments;

b. the Sage Package consisting of the Sage The Barista Touch coffee machine, with integrated coffee grinder.

Minimum Product Orders: 18 – Value in Euro: €1,010 - Down Payment: €200 - --Instalments: €45 x 18 further instalments.

2.1. PRICES: The Packages are offered for sale at the price reserved for Customers partaking in the Programme, as indicated on the Website at the time when the request to subscribe to the Programme is sent. The prices shown on the Website must be understood as inclusive of VAT.

2.2. DOWN PAYMENT: Customers who wish to purchase a Package must pay Lavazza a sum of money by way of a down payment, as shown above.

2.3. PAYMENTS: The cost of the Package selected by the Customer, minus the value of the down payment, shall be paid in the number of monthly instalments indicated in this article. The amount due at each instalment shall be charged to the Customer along with the amounts owed for Purchase Orders, in accordance with the method of payment selected.

2.4. DURATION: following the purchase of a Package, the Customer undertakes to completely satisfy the Minimum Order requirement, as indicated.

2.5. EARLY CANCELLATION - REIMBURSEMENT: In the event that a Customer withdraws from the Subscription before reaching the Minimum Order number, Lavazza shall charge the Customer — who hereby consents to this — an amount equal to the value of one instalment, for each instalment by which he/she falls short of the Minimum Order number.

[e.g. Esprò Package: In the event of a cancellation following the 14th order, the Customer must pay an amount equal to: approx. €45 x 10 remaining instalments = approx. €450 + management costs]

MANAGEMENT COSTS. Following cancellation, and in addition to the payment of the remaining instalments, Lavazza reserves the right to charge the Customer a fee as reimbursement for the management costs incurred by Lavazza for activating the Subscription. This shall consist of: i. €100 in the event of cancellation prior to the 12th delivery (inclusive); ii. €50 the event of cancellation from the 13th delivery onwards (inclusive).

2.6. OWNERSHIP: The equipment contained within the Packages shall pass into the ownership of the Customer upon its delivery to him/her.

For anything that is not expressly covered herein, see the Terms of Sale on the Website.

By subscribing to the Programme, Customers can access additional exclusive services: with 1895 Premium and Club 1895, the customer is entitled to a free online consultation with 1895 Coffeliers to learn all about the details and characteristics of the Products. A consultancy session with the 1895 Coffeliers may be requested once per month throughout the subscription. Each session may last for up to 20 minutes. The Customer will receive all the details about accessing the consultancy on the Website and in the confirmation emails.

The parties of the supply contract are:

- Luigi Lavazza S.p.A. (“Lavazza”), with registered office in Turin, Via Bologna 32, Turin Chamber of Commerce Company Register, Tax identification number and VAT Number 00470550013;

- The “Customer”: the final consumer, i.e. any natural or legal person who purchases through the Website for purposes other than his/her commercial, entrepreneurial or professional activities and who takes part in the Programme; Lavazza sells its products on the Website and conducts e-commerce business exclusively for its end-users who are the “final consumers” as defined above (hereinafter the “Consumer”). In view of this commercial policy, we therefore reserve the right not to process any orders from persons other than the Consumer. If you are not a Consumer, we therefore invite you to refrain from completing any sales transactions on the Website and/or joining the Programme.

By opting for the CLUB 1895 Programme, the Customer agrees to Lavazza selecting, for every Order, an assortment of products from the microlots, single-origin and blend range present in its portfolio throughout the year. The ultimate aim is to guarantee the finest quality coffee for the consumer, as permitted by available supply at any given moment. The availability of supplies varies based on the seasonality of raw materials and Lavazza’s procurement strategies. The consumer may increase or decrease the quantity of coffee he/she wishes to receive with each delivery, but cannot select which Products to receive.

In any case, product prices may be subject to alterations and variations during the term of the Subscription. Any changes to the sale prices of the products selected by the Customer when signing up to the Programme will be promptly communicated to him/her by email; if the Customer indicates acceptance, the Subscription will be adjusted to the new price, without prejudice to the Customer’s freedom to refuse the change and, therefore, cancel the Subscription.

In the event that one or more products selected by the Customer at the time of subscription undergo changes in their format (i.e. a change in the number of coffee capsules and/or the quantity of product contained in the individual pack), or are temporarily unavailable, Lavazza will promptly communicate the nature of these changes or this unavailability to the Customer by email or telephone.

In such cases, the Subscription will be adjusted to the new format and the new price, with deliveries organised in accordance with the availability of the selected products, without prejudice to the Customer’s freedom to refuse the change and, therefore, cancel the Subscription.

5.1. Altering product assortments in the 1895 Premium Subscription

The Customer may, at any time throughout the duration of his/her Subscription, alter both the items selected and the quantity of the Products selected by accessing his/her Personal Area on the Website Lavazza.it.

5.2. Altering product assortments in the Club 1895 Subscription

The Customer may, at any time throughout the duration of his/her Subscription, alter the quantity of the Products selected (250 g; 500 g; 1,000 g) by accessing his/her Personal Area on the Website Lavazza.it.

Membership of the Programme and the resulting supply contract are deemed to have been agreed on for:

a) CLUB 1895 and 1895 Premium Subscriptions: an indefinite period of time beginning on the date when Lavazza confirms successful adherence to the Subscription

b) CLUB 1895 and 1895 Premium Subscriptions with the purchase of an Esprò 1895 Package: the period necessary to meet the Minimum Purchase Orders and, in any case, no longer than twenty-four (24) months.

The Customer may withdraw from the 1895 Premium and Club 1895 Subscriptions at any time (“Cancellation”).

Cancellation must be carried out by the following means:

i) by registered letter with return receipt to the following address: Lavazza Customer Service Centre - Via Bologna, 32 - 10152 Turin, Italy, giving notice at least 10 (ten) days prior to the date for the next Order as indicated in your Personal Area;

ii) by sending notice via email, to the following email address info@1895bylavazza.it, or via fax (011/2398333).

In any case, the deliveries scheduled up until the effective date of the Cancellation and those related to Purchase Orders already emitted will still be completed by Lavazza, and the Customer will be required to pay the corresponding amounts.

After the expiry of the 10-day period, the Cancellation will become fully effective and Lavazza will no longer be required to supply any products to the Customer, nor shall the latter be liable for any payments under these Terms of Sale as part of the Programme.

Lavazza reserves the right to terminate the contract pursuant to Article 1456 of the Italian Civil Code in the event of non-payment of products by the Customer under the agreed terms. In such cases, Lavazza will give the Customer a minimum of 15 days’ notice within which to settle his/her account. In any case, Lavazza undertakes to complete all deliveries scheduled prior to the effective date of termination which have been duly paid for by the Customer.

Lavazza reserves the right, at its sole discretion, to terminate the “Lavazza da te” Programme at any time for reasons of commercial advantage. In such cases, Lavazza will formally notify the Customer of its withdrawal from the contract with at least 15 days’ notice and will, in any case, undertake to complete all deliveries scheduled prior to the effective date of the termination of the agreement which have been duly paid for by the Customer.

Without prejudice to the provisions relating to the Duration and Cancellation of the Subscription (Art. 11) and withdrawal pursuant to Art. 52 of the Italian Consumer Code (Art. 13), should the Customer wish to cancel the Subscription after the period of 14 days and before satisfying and completing the Minimum Order number applicable to the Package purchased, he/she must download the “Subscription Cancellation Form” HERE and send it to Lavazza:

via email to: info@1895bylavazza.com,

or via fax to: +39 011 239.83.33

Once the duly completed Subscription Cancellation Form has been received, in the event that the Customer has not fulfilled the Minimum Order number, Lavazza shall have the right to charge the Customer fees in relation to the Package instalments which were not completed and, in addition, by way of reimbursement for the costs incurred (Management Costs, calculated as per article 2.5).

If the method of payment selected proves insufficient to meet the payment required for Management Costs, Lavazza shall promptly contact the Customer to inform him/her of this and allow him/her to provide a new credit card, or to notify us that the previous method of payment once again has available funds. During this period, which shall last for a maximum of 90 days following receipt of the notification from Lavazza, the Subscription will be suspended and no order or payment will be carried out by Lavazza.
It is understood that Customers who do not provide Lavazza with an adequate method of payment to cover the Management Costs may not take out any further Subscriptions until such time as they pay off the Management Costs.

In relation to any amounts which are not successfully charged to the Customer, Lavazza, to protect and safeguard its own interests, reserves the right to make a claim before the authorities deemed appropriate to obtain payment of amounts owed pursuant to these Terms of Sale.

Without prejudice to the Customer’s freedom to give notice of his/her Cancellation of the Programme, as provided for in Art. 9 of these terms, pursuant to Art. 52 of the Italian Consumer Code the Customer will also have the right to withdraw from the agreement within and no later than 14 days from the date of the first delivery of products supplied under the terms of the Subscription, through the following means:

i) by registered letter with return receipt to the following address: Lavazza Customer Service Centre - Via Bologna, 32 - 10152 Turin, Italy, with at least 10 (ten) days’ notice;

ii) by sending notice via email, to the following email address info@1895bylavazza.com, or via fax (011/2398333).

As soon as the notice of the withdrawal has been received by Lavazza, the Customer will be contacted by telephone as soon as possible in order to communicate the return address for the products; the Consumer will therefore ensure that the products are returned to Lavazza in accordance with the indications within, and no later than, the following 14 days. Within the 14 days following receipt of the notice relating to the withdrawal, Lavazza will refund, in full, the amount paid by the Customer. The costs of reshipping the products to Lavazza are borne by the Consumer.

The complete integrity of the product to be returned is a prerequisite for exercising the right of withdrawal.

For further information about exercising your right of withdrawal, please contact the Lavazza Customer Service Centre at (800.124.535) - Fax: (011/2398333) - email: (info@1895bylavazza.it).

Before joining the Programme, the Customer declares that he/she has read and understood these terms, as well as all the information provided during the purchase procedure and the contents of the following sections: Terms of Sale, Terms of Use, and Privacy Policy; and that he/she accepts them in full and without reservation.

Lavazza reserves the right to change the contents of the following sections of the Website, connected to the execution of the Subscription agreement: Terms of Sale, Terms of Use, and Privacy Policy, evidencing such changes within the Website. Please check the Website regularly to see if any updates or changes have been made. Each change will be effective after its publication in the Website. The conditions applicable to each product delivery will always be those in force at the time of joining the Programme.

For any information or complaint, please contact the Lavazza Customer Service, Via Bologna 32 - 10152 Turin (Italy)

Email: (info@1895bylavazza.com)

Telephone: (800.124.535)

Fax: (011/2398333)

For all provisions related to Payments, Shipping and Deliveries, please refer to the Terms of Sale provided on the Website and subsequently accepted during the completion of purchases.