1. Scope of application of these terms

These terms and conditions (hereinafter, the Subscription Program Terms and Conditions) govern the subscription programs “Machine Subscription” and “Coffee-Only Subscription” (hereinafter the “Program” or the “Programs”).

For any matters not expressly regulated by these Subscription Program Terms and Conditions, reference is made to the General Terms and Conditions of Sale [LINK] available on the Site and applicable to the sale of individual Caffè Borbone products (“General Terms”). In particular, Articles 1, 2, 3, 6, 7, 8, 9, 10, 11, 12 and 13 of the General Terms and Conditions of Sale shall apply. In the event of a conflict, these Subscription Program Terms and Conditions applicable to the “Machine Subscription” and “Coffee-Only Subscription” Programs shall prevail.

2. Subscription Programs

Caffè Borbone offers the possibility of entering into a subscription program for the supply of coffee products (pods or capsules), either combined or not with the installment purchase of a coffee machine. The Customer may therefore choose between the following two alternative Programs:

2.1 Coffee-Only Subscription

This is an open-ended subscription program that provides for the periodic supply of coffee (capsules or pods) in the quantity selected by the Customer at the time of subscribing to the service from among the available options, or subsequently modified at the Customer’s discretion.

No charge is applied in the event of withdrawal from the subscription.

2.2 "Machine + Coffee Subscription": This is an open-ended subscription program that, in addition to the supply of coffee (capsules or pods) in the quantity selected by the Customer at the time of subscribing to the service or subsequently modified (as with the “Coffee-Only Subscription” program), also includes the purchase of a coffee machine (chosen by the Customer from the available options) at a discounted price.

The Customer receives the coffee machine with the first coffee delivery provided under the Program, which, depending on the quantity selected, is delivered on a monthly basis.

In the event of cancellation before all installments for the purchase of the machine have been paid, the outstanding balance (equal to the sum of the unpaid monthly installments for the purchase of the machine) will be charged in a single payment to the credit card provided at the time of subscription to the Program.

3. Subscription Program Terms

3.1 Coffee-Only Subscription

By subscribing to the “Coffee-Only Subscription” Program, the Customer receives a monthly supply of coffee products (capsules or pods).

The Customer pays the Coffee-Only Subscription Fee, which is charged monthly by Caffè Borbone according to the selected supply quantity, using the payment method registered in the account.

The Program is open-ended. However, the Customer may cancel the Coffee-Only Subscription at any time in accordance with the procedures set out in Article 12 below.

After the first delivery, subsequent orders are automatically charged to the registered credit card in accordance with the procedures and timelines described in Articles 6 and 7.

Prices in force until 31/03/2024 are available at this link

4. How the Contract is concluded

The Customer may subscribe to the “Machine Subscription” and “Coffee-Only Subscription” Programs exclusively through the personal area of the Site or by using the support of Customer Service, in accordance with Article 2 of the General Terms and Conditions of Sale. In order to subscribe to the Programs, registration of a personal account is always required in accordance with Article 3 of the General Terms and Conditions of Sale.

5. Changes and temporary suspension of the Program

For the entire duration of the Program, by accessing the personal account and going to the “Subscription” section or through Customer Service, the Customer may at any time and at no additional cost modify:

i. their personal and billing details and the credit card details;

ii. the shipping address;

iii. the assortment and format of the products supplied and the subscription size.

Changes to the size automatically result in a change to the monthly installment of the Program and, where applicable, also to the delivery frequency, as indicated in Article 3 above.

The changes referred to in point i. take effect immediately. The changes referred to in points ii. and iii. take effect with respect to the Shipping Period, as defined in Article 7 below, following the one in progress at the time the change is made, provided that they are communicated at least 3 days before the relevant period begins. If changes are made after this deadline, they will apply to subsequent deliveries.

Using the same methods, the Customer may suspend the Program for a maximum consecutive period of 2 (two) months and for a maximum of 2 (two) suspensions during the duration of the Program. Such notice must be received at least 3 days before the start of the “Shipping Period”, as defined in Article 7 below, which is to be suspended. During the suspension period of the Machine Subscription, no amounts will be charged to the Customer. At the end of the suspension period, the Program will automatically resume.

6. Payment and invoicing

The installments of the Programs and the payment methods are those indicated on the Site. Prices are expressed in Euro and include VAT and shipping costs.

The installments of the Programs may only be paid by credit card (Visa, Mastercard, American Express, Maestro, Diners). Prepaid credit cards and debit cards are not accepted.

The amount of each Program installment will be charged only at the time the products are actually shipped for each delivery, except for the amount of the first installment, for which a pre-authorization will be requested by Caffè Borbone in order to verify the availability of the credit card used.

At any time during the validity of the Program, if the payment method is not available for the purpose of charging the monthly installment of the Program referred to in Article 3, the Program will be temporarily suspended and no delivery will be made. Caffè Borbone will inform the Customer of the suspension and it will be the Customer’s responsibility to provide as soon as possible, and in any event no later than the time indicated in the suspension notice, a new credit card or to communicate the restoration of the availability of the selected payment method. In the event of unsuccessful payments relating to products already delivered to the Customer under the Program, Caffè Borbone reserves the right to act in accordance with Article 13 below.

Credit card payments are processed directly by the secure servers of Braintree, a PayPal group company and Shopify payments which guarantees the security of online transactions. Caffè Borbone does not have access to the Customer’s credit card details and therefore cannot be held liable for any fraudulent or improper use of the credit card by third parties whose details were provided at the time of payment.

Credit cards will be subject to checks and authorization by the issuing institution. Caffè Borbone shall not be liable for any failure to authorize by such institution. Once the contract has been concluded, the charge on the credit card shall be final.

The Customer must inform Caffè Borbone, via Customer Service or by accessing their personal account on the Site, of any changes (e.g. card expiration) relating to the credit card used to pay the Program installments.

If the Customer wishes to receive an invoice, they must select the relevant option when subscribing to the Program or subsequently contact Customer Service.

7. Product shipping methods

Shipping and delivery costs for all subscribers to the “Coffee-Only Subscription” and “Machine Subscription” Programs are free of charge. Caffè Borbone will ship the purchased products exclusively to the address indicated in the account. Shipments to PO Boxes are not accepted. Address changes and other changes referred to in Article 5 will be taken into account if communicated within the time limits set out in that article.

Products available through the Programs are delivered by Caffè Borbone only in Italy, the Republic of San Marino, the Vatican City State. Caffè Borbone will prepare and ship the first order by courier to the address indicated in the account approximately within 48 working hours from the conclusion of the contract for shipments within the European Union, and within 7 working days for non-EU shipments.

Subsequent shipments after the first one take place according to the following periods (hereinafter referred to as the “Shipping Periods”):

1. 
   for subscription contracts concluded between the 1st and the 15th day (inclusive) of the month, shipments after the first will be made between the 1st and the 15th day of the following month;
   
2. 
   for subscription contracts concluded between the 16th and the 30th/31st day (inclusive) of the month, shipments after the first will be made between the 16th and the 30th/31st day of the following month.
   

Delivery usually takes place within 4 working days from shipment within Italy and within 7 working days in countries other than Italy. Delivery times are indicative. Once the shipment has been made, Caffè Borbone will send the Customer an email confirming shipment with instructions on how to track it. Shipments within Italy are made via Bartolini express courier; shipments within Europe via DPD or DHL. Caffè Borbone undertakes to collect any reports of failed or delayed delivery through Customer Service and, where appropriate, to assist the Customer in enforcing their rights against the carrier as provided by law.

If the courier is unable to deliver for any reason, a second delivery attempt will be made the following day. If this second attempt also fails, the package will be held at the courier’s depot and may be collected according to the instructions provided by the courier at the delivery address.

8. Duration of the Program

The Programs are open-ended, without prejudice to the Customer’s right to request termination at any time as provided for in Article 12.

9. Changes to the product offering

Caffè Borbone reserves the right to change its product price list as a result of changes to its commercial policy. If one or more products selected by the Customer for their Program are no longer permanently available, Caffè Borbone will contact the Customer at least 30 days in advance. The Customer may choose to change the assortment of their Program by selecting different Caffè Borbone products from those available, without prejudice to the Customer’s right not to accept the change by not selecting any alternative products and consequently terminating the Program.

If one or more products selected by the Customer at the time of subscription undergo format changes (meaning a change in the number of capsules or pods) or are temporarily unavailable, Caffè Borbone will inform the Customer at least 30 days in advance of the extent of such changes or unavailability by email or telephone. In the absence of termination by the Customer, the subscription will be adjusted to the new format and deliveries will be scheduled according to product availability.

10. Changes to Program prices

Caffè Borbone may change the Coffee-Only installment referred to in Article 3.1 applicable to the Programs to reflect circumstances such as changes in the offering and characteristics of the products, changes in business operations or in the economic environment, or for security, legal or regulatory reasons. Caffè Borbone will notify the change by email associated with the account with reasonable notice, in any case not less than 30 days. Price changes will take effect from the payment of the first installment following the date of the change.

In the case of the Machine Subscription Program, the amount of the Machine installment referred to in Article 3.2 applicable at the time the contract is concluded shall in no case be changed.

11. Withdrawal (14 days from the first delivery)

Without prejudice to the Customer’s right to terminate the Program as provided in Article 12 below, the Customer also has the right to withdraw from the Program.

Withdrawal is effective only if exercised within and no later than 14 days from the date on which the first delivery of products under the Program was made, in accordance with Article 6.1 of the General Terms and Conditions of Sale. In such case, upon return of the products by the Customer in accordance with the same Article 6.1 of the General Terms and Conditions of Sale, Caffè Borbone will refund the amounts already paid by the Customer.

The exchange of goods procedure under Article 6.2 of the General Terms and Conditions of Sale does not apply to the Programs.

12. Termination

The Customer may request termination of the Program freely and at any time.

Termination may be requested by the Customer by going to the “Your Subscriptions” section of their Personal Area or by contacting Customer Service as indicated in Article 10 of the General Terms and Conditions of Sale.

The termination request must be received at least 3 days before the start of the “Shipping Period” from which the Customer intends the Program to be terminated and will take effect upon the Customer’s receipt, by email, of confirmation of cancellation from Caffè Borbone. From that moment, Caffè Borbone will no longer be required to perform any services for the Customer, nor will the Customer be required to make any payment for orders after that date under these conditions within the Program, except as provided below.

Following termination, Caffè Borbone will in any case charge the Customer:

• 
  in the case of the Coffee-Only Subscription Program, (i) the amount of the Coffee-Only Subscription Fee corresponding to the selected option, in relation to coffee product deliveries already completed or in progress and not yet paid for.
  
  

Caffè Borbone shall have the right, at its sole discretion, to terminate the Program at any time for reasons of commercial convenience. In such case, Caffè Borbone will formally notify the Customer of its withdrawal from the Contract with at least 15 days’ notice, undertaking in any case to complete all deliveries already scheduled and correctly paid by the Customer before the effective date of termination.

13. Termination of the contract by Caffè Borbone

Caffè Borbone may terminate the contract in the event of the Customer’s default, consisting of the Customer’s failure to pay the amounts due under the Program.

In such case, Caffè Borbone will notify the Customer by email or registered letter with return receipt or through the account, with 15 (fifteen) days’ notice, within which the Customer may remedy the situation.

In any case, Caffè Borbone reserves the right to take action against the Customer, including through third parties, to recover any outstanding amounts corresponding to the Coffee-Only Subscription Fee of the selected option, relating to coffee product deliveries already completed and not yet paid for by the Customer.

14. Application of these Terms and Conditions

Before subscribing to the Program, the Customer declares that they have read and understood these Terms and Conditions, as well as all the information provided during the purchase procedure and the contents of the following sections: General Terms and Conditions of Sale and Privacy Policy, and that they accept them in full without any reservation.