Monthly Subscription Plans Terms & Conditions

Monthly “Machine & Coffee Subscription” and “Coffee Subscription” plans

1. Scope of the Terms and Conditions

These Terms and Conditions govern the supply of illy products in the context of the "Machine & Coffee Subscription" and "Coffee Subscription" plans which the Consumer may register for via the website www.illy.gr (hereinafter the Website) or by calling Customer Service line on 213 090 5600 (hereinafter the Customer Service line). These Terms and Conditions comply with the applicable consumer protection legislation.

For anything not expressly regulated by these terms, please refer to the General Terms on the website www.illy.gr In the event of a conflict, these specific terms for the “Machine & Coffee Subscription” and “Coffee Subscription” plans shall take precedence.

Products can only be purchased for home use and any sale to third parties is prohibited.

2. Parties to the Agreement

The parties to the Agreement are:

- KAFEA TERRA FOOD AND DRINKS TRADING & INDUSTRIAL CO. S.A. (Tax Reg. No. 999842166, Athens FAE Tax Office), whose registered offices are in Peania, Attica at 12-14 Naxou St. Postcode GR-19002 Tel.: 213 090 5500 Fax: 213 090 5599 (hereinafter Kafea Terra).

- Customer: The end user is either a natural person residing in Greece (where on the contract signing date he/she has the capacity to enter into legal transactions) or a legal person based in Greece (such as professionals, small enterprises) which acquires the products for its own use. For large enterprises / resale to third parties, contact the company in order to enter into a special agreement.

3. Subscription Plans

The Customer may choose between two alternative Subscription Plans to periodically procure products bearing the illy brand name:

1. "Machine & Coffee Subscription Plan": This is a 12-month Subscription Plan which provides for the purchase of a household espresso machine (chosen by the Customer from among the available models) at a subsidised price with an instalment payment plan and the supply of coffee (in capsules and pods) depending on the quantity option (S, M, L) the Customer selects when registering. Each choice of coffee quantity requires a specific number of product packages to be delivered each month based on the Customer's coffee consumption. Where the Subscription Plan is cancelled before the elapse of 12 months, all remaining instalments will be charged to the Customer's credit card.
2. "Coffee Subscription Plan": This is an open-ended Subscription Plan which provides for the monthly supply of illy products (in capsules, pods, ground coffee, coffee beans, filter coffee and instant coffee) depending on the quantity chosen (S, M, L) by the Customer when registering. There is no charge if the Subscription Plan is cancelled.

4. Subscription Plan Terms

4.1 Machine & coffee Subscription Plan

By participating in the "Machine & Coffee Subscription Plan”, the Customer:

- purchases one of the espresso machine models listed in table 1 below with a instalment plan. Where the plan is cancelled before the elapse of 12 months, the other instalments will be charged to the Customer's credit card.

- receive the illy coffee product packages each month depending on the choice of machine and the corresponding quantity of coffee (S, M, L) listed in Table 1. After the first delivery, subsequent orders shall be charged directly to the credit/debit card in the manner and in accordance with the schedule outlined in Article 8.

The plan lasts 12 months. Upon expiry of the Machine & Coffee Subscription Plan, the Customer shall be informed that his/her subscription shall continue automatically under the terms of the Coffee Subscription Plan where no notice of termination is notified in accordance with Article 13. In that case the Customer may retain the espresso machine.

The Customer may terminate the Plan early in accordance with Article 13. In this case, the entire amount equivalent to the amount of instalments remaining until the expiry of the Subscription Plan shall be charged as a lump sum.

Table 1: Machine & coffee packages (monthly delivery) included in the monthly the "Machine & Coffee Subscription Plan”

 

Selection	Machine Model	Coffee Product	Coffee packages delivered monthly	Subscription period	Market Value	Monthly instalments
Small	Iperespresso Y3.3	Iperespresso Capsules	3 packages	12 months	38,08 €	36,17 €
Medium	Iperespresso Y3.3	Iperespresso Capsules	4 packages	12 months	48,58 €	44,9 €
Large	Iperespresso Y3.3	Iperespresso Capsules	6 packages	12 months	69,58 €	62,63 €
Small	Iperespresso X7.1	Iperespresso Capsules	3 packages	12 months	42,25 €	39,92 €
Medium	Iperespresso X7.1	Iperespresso Capsules	4 packages	12 months	52,75 €	48,74 €
Large	Iperespresso X7.1	Iperespresso Capsules	6 packages	12 months	73,75 €	66,38 €
Small	Illy Easy Coffee POD	ESE pods	3 packages	12 months	39,51 €	37,28 €
Medium	Illy Easy Coffee POD	ESE pods	4 packages	12 months	49,07 €	45,31 €
Large	Illy Easy Coffee POD	ESE pods	6 packages	12 months	68,19 €	61,37 €

 

 4.2 Coffee Subscription Plan

By participating in the "Coffee Subscription Plan", the Customer receives illy coffee product packages each month depending on the quantity option (S, M, L) listed in table 2. After the first delivery, subsequent orders shall be charged directly to the credit/debit card in the manner and in accordance with the schedule outlined in Article 8.

There is no minimum duration for this plan. Consequently, the contract shall be valid until Kafea Terra or the Customer decides to terminate in the manner and in accordance with the schedule set out in Article 13.

Table: Coffee packages (monthly delivery) included in the “Coffee Subscription Plan”

 

Coffee Product	Selection	Coffee packages delivered monthly	Market value	Monthly instalments
Iperespresso Capsule	Small	3 packages	31,50 €	30,24 €
Iperespresso Capsule	Medium	4 packages	42,00 €	39,06 €
Iperespresso Capsule	Large	6 packages	63,00 €	56,70 €
ESE pods	Small	3 packages	28,68 €	27,53 €
ESE pods	Medium	4 packages	38,24 €	35,56 €
ESE pods	Large	6 packages	57,36 €	51,62 €
illy Ground 250g	Small	3 packages	31,35 €	30,10 €
illy Ground 250g	Medium	4 packages	41,80 €	38,87 €
illy Ground 250g	Large	6 packages	62,70 €	56,43 €
illy Beans 250g	Small	3 packages	31,35 €	30,10 €
illy Beans 250g	Medium	4 packages	41,80 €	38,87 €
illy Beans 250g	Large	6 packages	62,70 €	56,43 €
illy Filter 250g	Small	3 packages	31,35 €	30,10 €
illy Filter 250g	Medium	4 packages	41,80 €	38,87 €
illy Filter 250g	Large	6 packages	62,70 €	56,43 €

 

 

DURATION	No minimum duration
PENALTY FOR EARLY TERMINATION	No penalty
TERMINATION METHOD	- By calling Customer Service. - By accessing the "My account" section under "My Subscription Plans".
SHIPPING COSTS	Free for all shipments.

5. Contracting method

The Customer can join the “Machine & Coffee Subscription Plan” and “Coffee Subscription Plan” in two ways:

1. by calling 213 090 5600 (Customer Service Line option)
2. via the website illy.gr

 

5.1 Registration by phone (via the customer service line)

The Customer may join the selected subscriber plan by calling 213 090 5600 and providing the Call Centre with all information necessary to complete the plan registration process.

5.2 Registration via the website

The Customer must first select whether he/she wants the “Machine & Coffee Subscription Plan” (by selecting the machine and the type and number of packages for the desired product) or the “Coffee Subscription Plan” (by selecting the type and number of packages for the desired product). He/she must then fill out the information needed to complete the registration process. After the registration process is completed, the Customer acquires his/her personal username and must create a password.

The Customer is obliged to maintain the confidentiality and security of the username and password and shall be responsible for any activity or steps taken using that data. Kafea Terra shall not be liable for any loss or damage arising from non-compliance with the said contractual obligations.

The Customer undertakes to promptly inform Kafea Terra in the case of unauthorised use of his/her username and password or any other security breach.

To complete the registration process the Customer must place an order indicating:

- the Products which the Customer wishes to include in the Subscription Plan, from among the products available for the said Plan;

- other particulars, to be personally chosen by the Customer (such as coffee packages)

- billing and shipping details for products selected as part of the Plan.

Acceptance of these terms and conditions is a vital condition for joining the selected plan. The contract shall be entered into once the Customer receives confirmation by email from Kafea Terra that he/she has been enrolled in the Plan. The confirmation will also include the name of the selected Subscription Plan with a brief description of what it includes, the number of the relevant instalment, and a hyperlink to the page on illy.gr setting out the detailed terms and conditions.

Contracts can only be entered into the Greek language at present.

6. Product characteristics and prices

The main features of products can be found on the company's website in the section relating to each product. Note that the images and colour of the products may not exactly match the deliverables.

Products delivered to the Customer shall have an expiry date of at least 4 months.

The products sold in the context of the Plan and on the website in general are original products which comply with market quality standards and bear trademarks belonging to illycaffè or have been licensed by it.

Products are sold at the price shown on the website at the time of purchase (including excise duty and VAT).

Prices may change during such time as the contract is in effect. These amendments shall always be promptly notified to the Customer by email in addition to being published on the website. Where the Customer does not intend to accept the amendment, he/say may terminate the Subscription Plan in accordance with Article 13.

7. Changes to and temporary suspension of membership

Each month Kafea Terra shall deliver the products to the Customer in the quantities selected.

The Customer may amend the following at any time, at no additional cost during such time as the Plan is in effect:

- Personal data (e.g. delivery address, billing details)

- Credit/debit card details: change or replacement of card

- the type and quantity of coffee packages, only for those who have registered for the Coffee Subscription Plan.

Requests for changes can be made by contacting the Customer Service line or via the company's website in the My Account section no later than 24 hours before the order dispatch date. Notices of modifications made after that deadline shall be taken into account for subsequent deliveries.

In the same way, the Customer may suspend the Subscription for a maximum continuous period of 3 months once only during the Plan. The suspension request must be received no later than 24 hours before each order dispatch date. During the suspension period, no charges will be applied to the Customer's credit card. At the end of the suspension period, Product shipments and the corresponding charges will resume automatically. For the “Machine & Coffee Subscription Plan” only, the Plan expiry date will be automatically extended until the 12-month period is up.

8. Payment and billing

The periodic supply of products can only be paid for monthly using your credit card (American Express, Visa or Mastercard).

Prepaid credit cards are not accepted.

The amount of each order in the context of the Plan will only be charged at the time of actual dispatch of the products in each shipment, with the exception of the amount of the first order for which pre-approval by Kafea Terra will be requested, in order to confirm the validity of the credit card used.

All information relating to the Customer's credit card shall be sent via a secure connection directly to the website of the Bank which provides the payment service.

This information is not stored or archived by Kafea Terra. Consequently, under no circumstances can Kafea Terra be considered responsible for any illegal or improper use by third parties of a credit card whose particulars have been notified when paying for the products purchased.

The Customer shall be obliged to contact Kafea Terra by calling the Customer Service line or via the website, notifying any changes (such as card expiry date) relating to the credit card used to pay for orders made while the Plan is in effect.

When the contract is signed, Kafea Terra automatically sends the relevant invoice based on the information provided by the Customer when he/she signs up for the Plan. No change to the invoice is possible after it has been issued.

9. Shipment of Products

There are no shipment and delivery costs for all members of the 'Machine & Coffee Subscription' and 'Coffee Subscription' plans.

Kafea Terra sends the products exclusively to the address indicated at the time of registration. The address can always be changed via the website in the My Account section or by contacting the Customer Service line. We do not accept shipments to postboxes.

Products are delivered by Kafea Terra exclusively within the territory of Greece.

Kafea Terra sends the products ordered by the Customer for the first time by courier to the address indicated by him/her, within around 72 hours from the contract signing date in the case of Attica and within 120 hours of that date in the case of other areas.

Shipments after the first one are at the following intervals:

1) for subscription agreements entered into between the 1st and 15th day (inclusive) of each month, shipments after the first one are made between the 1st and 15th day of the following month.

2) for subscription agreements entered into between the 16th and 30th day (inclusive) of each month, shipments after the first one are made between the 16th and 30th day of the following month.

Delivery is generally within 72 hours in Attica and within 120 hours in other areas.

Amendments requested by the Customer as specified in Article 7 shall be taken into account if notified at least 24 hours before the dispatch date. If made after that cut-off time, they will apply to subsequent deliveries.

Kafea Terra delivers the shipment via a courier company which is responsible for delivery.

10. Product verification

Any damage to the packaging and/or product (visible without needing to open the packaging) or any mismatch in the number of packages must be reported immediately, making specific reference to this in the delivery document. By signing the courier's document, the Customer confirms the external integrity of the product and that the delivery was in order.

Any problems which are not obvious and which are not verified at the time of delivery (relating to the product, address or completeness of the products received) must be reported within 10 working days from delivery by sending an email to the Customer Service Department at info@kafeaterra.gr or by calling 213 090 5500.

11. Duration of the plan

11.1 Machine & coffee Subscription Plan

The "Machine & Coffee Subscription Plan” runs for 12 months from registration. Once the initial term expires, where no notice of termination is given, the Plan will continue under the conditions laid down for the “Coffee Subscription Plan” and the Customer may keep the espresso machine.

The Customer shall be entitled to terminate the Subscription Plan early in the manner and in accordance with the schedule specified in Article 13.

11.2 Coffee Subscription Plan

The “Coffee Subscription Plan” is open-ended, without prejudice to the Customer's right to terminate the contract at any time, as specified in Article 13.

12. Unilateral changes to the Subscription Plan

Kafea Terra reserves the right to unilaterally change these Terms by giving notice in good time by email and in all events on its website. For this reason Kafea Terra invites the Customer to periodically consult this page to check for any changes and/or updates to these Terms.

If the Customer does not intend to accept the changes, he/she may terminate the Agreement by giving official notice in the manner specified in Article 13 within 15 days from the date on which the changes are notified.

The changes shall apply from the date specified in the notice sent by email or published on the company's website.

13. Withdrawal / Suspension

13.1 Withdrawal within 14 days

Pursuant to Articles 1a and 3e of Law 2251/1994, a Customer who is a consumer (a natural person acting for reasons outside his/her trade, business, craft or profession) may exercise his/her right to withdraw from the contract no later than 14 days from the date of delivery of the first order as part of the Plan, requesting that the amount already paid be returned. The request may be sent by registered mail to: KAFEA TERRA S.A., 12-14 Naxou St., Peania, Attica GR-19002, or by calling the Customer Service line or via the website in the 'My Account’ section.

After the notice of withdrawal is received, the company's Customer Service Department will contact the consumer to determine the return method and any forms which must be filled out by the consumer. Consumers should contact the courier company directly to arrange the delivery of the goods. The consumer shall return the goods without undue delay and in all events within 14 days from the date on which he/she announced his/her decision to withdraw from the contract.

The shipping costs for the return delivery shall be borne by the consumer.

A key condition for completing the procedure is that the products are returned intact, subject to any use required to verify the nature, characteristics and operation of the product. Once the integrity of the product has been verified, Kafea Terra shall return to the Customer within 14 days from the return of the products the amount paid for the product.

Note that consumers must handle each product received in the same manner they would handle and examine it at a physical store to ascertain its nature, characteristics and function. Where the value of the products has reduced due to use other than that required to determine the nature, characteristics and operation of the products (for example: damaged products or where certain parts are missing or have been damaged, such as parts, packaging materials, boxes, documentation and/or other items), Kafea Terra may withhold part of the price depending on the reduced value of the product.

Where the consumer sends back the products after the 14-day deadline from the date on which notice of withdrawal from the contract elapses or in the case of open and/or partially used products which cannot be returned, the right of withdrawal does not apply and Kafea Terra will return the purchased goods to the consumer and charge the shipping costs.

It is not possible to exercise the right of withdrawal for foodstuffs (Article 3^a(j) of Law 2251/1994).

13.2 Termination of the Machine & coffee Subscription Plan

After the end of the 14-day period referred to in the previous paragraph, the Customer may terminate the “Machine & Coffee Subscription Plan” by sending a request by registered mail to the following address: KAFEA TERRA S.A., 12-14 Naxou St., Peania, Attica GR-19002, either by calling the Customer Service line or by visiting the 'My Account’ section of the website.

However, in that case Kafea Terra shall charge the Customer the other instalments specified in the Plan up to the Subscription Plan expiry date and the Customer shall be entitled to keep the espresso machine he/she chose at the time he/she joined the Plan.

13.3 Termination of the Coffee Subscription Plan

The Customer shall be entitled to terminate the “Coffee Subscription Plan” at any time by sending a request by registered mail to KAFEA TERRA S.A., 12-14 Naxou St., Peania, Attica GR-19002, either by calling the Customer Service line or by visiting the 'My Account’ section on the website.

Where the “Coffee Subscription Plan” is terminated, Kafea Terra shall charge the Customer the amount of orders already placed up to the termination effective date. Termination shall take effect when the Customer receives confirmation by email or registered mail with a return receipt that Kafea Terra has cancelled the Plan.

14. Termination of the agreement by Kafea Terra

Kafea Terra may terminate this Agreement where the Customer fails to discharge his/her obligations and in particular where the amounts owed under the Plan are not paid.

In all such cases, Kafea Terra shall inform the Customer by email or registered mail, who shall be able to settle the matter within 10 days.

 

15. Guarantee

15.1 Guarantee for coffee and other foodstuffs

Kafea Terra guarantees the quality of coffee and other foodstuffs against any defect in the material and manufacture up to the expiry date indicated on the product itself, provided that they are handled and used in compliance with the instructions, labelling and/or other documents provided by the company. It is self-evident that once opened, foodstuffs must necessarily be consumed by the date indicated on the labelling.

15.2 Guarantee for the coffee machine

The products sold by Kafea Terra are covered by a statutory guarantee in accordance with the provisions on sale and guarantees in the Hellenic Civil Code. More specifically, in the case of an actual defect or lack of an agreed property, customers are entitled for a period of 2 years from the date of delivery to exercise the right to rectification or replacement (unless such a step is impossible or requires disproportionate expenditure) or the right to reduce the price or the right to withdraw from the contract (unless it is an immaterial actual defect) in accordance with the specific provisions of Article 540 of the Hellenic Civil Code as in force from time to time. If the defect appears within the first 6 months from delivery of the product, it shall be presumed (unless proven otherwise) that it already existed at the time of delivery.

The statutory guarantee shall not apply in the case of a defect due to:

- non-compliance with the instructions for use and maintenance contained in the leaflet provided with the product,

- misuse,

- incorrect installation, maintenance or repairs carried out by unauthorised personnel and/or use of non-authentic spare parts;

- damage during transport or problems not due to defects in the product;

- problems with the power grid to which the appliance is connected.

For any information the Customer may contact the Customer Service line.

16. Force Majeure

Kafea Terra cannot be held liable if it does not process any request or order due to force majeure, in other words for incidents which are beyond its reasonable control, which include but are not limited to: strikes, withholding of work or other labour disputes (whether relating to our human resources or any other party), epidemics, severe weather phenomena, fires, floods, compliance with any law or governmental order, rule or regulation, breaches of contract by suppliers or associates or subcontractors which prevent delivery on the agreed date.

17. Applicable Law and Jurisdiction

These terms of sale are governed by Greek law.

Should any dispute arise from the contractual relationship between the Company and the Customer, the competent courts of Athens shall be competent to resolve it, without prejudice to more specific provisions of the Hellenic Code of Civil Procedure.

18. Final Provisions

Joint Ministerial Decision No. 70330/2015 transposed Directive 2013/11/EU into Greek law which provides for the option to resolve consumer disputes online via the European Commission's Online Dispute Resolution (ODR) platform. This is an alternative dispute resolution mechanism through certified alternative dispute resolution (ADR) bodies that undertake to settle consumer and supplier disputes online, quickly and at a low cost (compared to the courts).

In this context, the European Alternative Dispute Resolution Agency (http://ec.europa.eu/consumers/odr) is the hub for managing consumer requests to be sent to suppliers. Where the consumer has any problem with a purchase made from the e-shop and resides in the EU, he/she can use the following website https://webgate.ec.europa.eu/odr/main/?event=main.home.show to learn about how to settle the dispute out of court.

The Alternative Dispute Resolution Agency certified for this purpose is: the European Consumer Centre of Greece (ECC GREECE), 144 Alexandras St., GR- 11471, Athens, +30 2106460284 +30 2106460784 info@eccgreece.gr and all consumers may contact it in order to be guided throughout the procedure for submitting and handling a complaint.

It is worth noting that the contracting parties are able to withdraw from the procedure at any stage and to continue the entire procedure before the competent courts. Before applying to the alternative dispute resolution agency, consumers are obliged to contact the supplier to resolve the dispute directly with it.

If you have any questions you can contact the company by sending an email to the Customer Service Department at info@kafeaterra.gr or by calling 213 090 5500.