Terms & Conditions - Cafedirect Shop

Terms & Conditions for the “Win a Sage Espresso Machine & Years Supply of Coffee” Competition

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE ENTERING THE COMPETITION. BY SUBMITTING AN ENTRY TO THE COMPETITION YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE CONDITIONS.

1. Cafédirect plc, which has its registered office at 4th Floor, 115 George Street, Edinburgh EH2 4JN, registered as company number 141496 in Scotland (the “Promoter”), is holding a competition entitled “Win a Sage Espresso Machine & Years Supply Of Coffee" (the “Competition”) from 1st September 2020 to 14th October 2020 via the Promoter’s website at URL: http://www.cafedirect.co.uk/shop

2. In these terms and conditions (“Conditions"), entrants to the Competition are referred to as “Participants" or “you".

3. Participants must: i) be aged 18 years and over; ii) be residents of the UK or Ireland; iii) not be employees of the Promoter and their immediate families or household members, or anyone professionally connected with the Competition

PRIZE

4. The promotion winner will receive:

4.1. 1 x Sage Barista Touch Espresso Machine

4.2. 12 x London Fields 250g from http://www.cafedirect.co.uk/shop

5. There are no runner up prizes.

6. There is no cash alternative.

7. Cafédirect reserves the right to provide an alternative prize of similar value should the specified prize become unavailable for any reason.

HOW TO ENTER

8. Automatic entry to the Competition takes place with each purchase from http://www.cafedirect.co.uk/shop between from 1st September 2020 to 14th October 2020.

9. No other means of entry is available.

10. There are no limits to how many entries are made within the Competition timeframe stated in paragraph 11.

11. Only Entries received between 00.00 on 1st September 2020 and 23.59 on 14th October 2020 (the Closing Date") will be considered. Entries received after the Closing Date will not be processed.

12. Only Entries received by the Promoter will be considered. The Promoter does not accept any responsibility for late or lost Entries, including (without limitation) those due to delays or malfunctions of the internet; misdirected Entries; any problems, delays or technical malfunctions of any telephone, broadband or other network or of lines, computer online systems, servers, computers, or other equipment or software; or any damage to the Participant’s or any other person’s computer, other equipment or software resulting from participation in the Competition.

13. The Promoter shall not consider any Entry or Entries that it (at its sole discretion) considers to be: i) from any agent, third party, or consumer group; ii) of an obscene, provocative, inappropriate, offensive or otherwise objectionable nature; and/or not compliant with applicable laws.

14. By submitting an Entry, Participants assign to the Promoter (with full title guarantee and free from all third party rights) all intellectual property rights and all other rights in the Entry and Participants shall, promptly at the Promoter’s request, do (or procure to be done) all such further acts and things and the execution of all such other documents as the Promoter may from time to time require for the purpose of securing for the Customer the full benefit of this paragraph 11, including all right, title and interest in and to such intellectual property rights and other rights assigned to the Promoter. By submitting an Entry, Participants waive any moral rights in the Entry to which they are now or may be at any future time entitled under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.

15. Participants agree not to submit any data in an Entry which infringes the intellectual property rights of any third party and Participants shall indemnify the Promoter against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Promoter

AWARD OF PRIZES

16. The Winner will be contacted by email via the email address provided in their Entry (a “Notification Email"). A hard copy of the names of the Winners name can also be obtained by sending a stamped, self-addressed envelope to the address set out in paragraph 1 on or after 14th October 2020.

17. The Winner must provide written confirmation of their acceptance of the Prize within 14 days of the date the Notification Email is sent. If, within 14 days of the date the Promoter sends a Notification Email to the Winner, the Winner does not contact the Promoter to claim the Grand Prize and/or cannot be contacted by the Promoter following the Promoter’s reasonable efforts to contact them using the details that Participant provided in their Entry, that Entry will be deemed invalid and the Promoter may choose a new Winner.

18. The Promoter may cancel the winning of a Prize at its sole discretion and without prior notice if:

18.1. it does not receive confirmation of acceptance of a Prize from the Winner within 14 days of sending the relevant Winner a Notification Email; or

18.2. if the shipping of such Prize to the address stated by the Winner is unsuccessful, and the Promoter fails to obtain the necessary information to deliver the Prize successfully following reasonable efforts.

In such cases the relevant Winner will not be entitled to any compensation or an alternative Prize.

PRIZE

19. The Prize is provided by Cafédirect plc and comprises a Sage Barista Touch Espresso Machine and 12 bags of 250g coffee from http://www.cafedirect.co.uk/shop

20. The Promoter reserves the right to substitute any prize (or portion thereof) with one of comparable or greater value, in its sole discretion. Prizes are subject to the terms and conditions of the applicable supplier and/or operator where relevant. Prizes must be accepted “as is” or declined. Prizes may not be transferred or exchanged for another article or cash value.

GENERAL RULES AND REGULATIONS

21. The Promoter has the right to update these terms and conditions at any time. By submitting an Entry you are agreeing to these terms and conditions.

22. The Promoter reserves the right to shorten, defer, alter or cancel this Competition (including, without limitation, the prizes offered) if it considers in its sole discretion that circumstances demand it and shall not be held liable for this on any grounds whatsoever.

23. Participants’ personal data will only be held for the purposes set out in these Conditions, including (without limitation) communicating with Participants and for the dispatch and delivery of any Prize to the Participant where applicable.

24. By submitting an Entry, each Participant grants the Promoter and its agents and employees the right, unless prohibited by law, to use his/her name, town, voice, performance, picture and likeness without compensation, notification or approval, for the purpose of advertising, promotion and other purposes, in any manner or medium, now or hereafter known, throughout the universe in perpetuity. Any such information will only be used in accordance with the Promoter’s Privacy Policy, which can be found at the following URL: http://www.cafedirect.co.uk/privacy-policy.

25. Any dispute, complaint or request for information concerning the Competition should be addressed to Cafédirect plc, 21 Whiston Road, London E2 8EX and must be so submitted within 90 days following the Closing Date of the Competition.

26. A hard copy of these Conditions can be obtained by sending a stamped, self-addressed envelope to the following address by the Closing Date: Cafédirect plc, 21 Whiston Road, London E2 8EX.

27. These Conditions are subject to the laws of England and Wales. Any dispute relating to their interpretation or execution that cannot be settled amicably must be brought before the competent English courts.

GENERAL TERMS AND CONDITIONS

You agree to use this website only for lawful purposes. You agree not to take any action that might compromise the security of our site, render the site inaccessible to others or otherwise cause damage to the site or any of its content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties.

All intellectual property rights in the name “Cafédirect" and the content of this website is owned by or licensed to Cafédirect, unless otherwise specified and may not be used, copied or altered without our express consent. You may use our website for private and personal non-commercial use only – i.e. to view, copy and print portions of these pages for the sole purpose of placing orders for our products. The content, including any trade or other marks and copyright, may not be used for any other purpose.

Unless otherwise specified, the content of this website, and any products referred to are directed solely at those who access this website from the UK. Cafédirect make no representation that any products or services referred to in the content of this website are available outside the UK. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

The use by you of this website is conditional upon your acceptance of these terms and conditions.

Before offering to buy a product or subscription you must open an account with us and by doing so you are deemed to have accepted these terms and conditions. If you don’t accept these terms and conditions, you will not be able to open an account and become a Cafédirect Handpicked member.

INFORMATION ABOUT US

handpicked.cafedirect.co.uk, www.cafedirect.co.uk and related microsites – our “websites” – are sites operated by Cafedirect Plc (we). We are registered in Scotland as company number SC141496. Our registered office is 115 George Street, Edinburgh EH2 4JN. Our main trading address is 21 Whiston Road, London, E2 8EX.

LINKS TO OTHER WEBSITES

Our site may contain links to other websites which are provided as a convenience to you. Such links do not constitute or imply any endorsement or recommendation of any third party site or its content. If you access other sites using the links provided you will leave the site and will be subject to the policies applicable to those sites, which may differ from ours.

Unless specifically authorized by Cafédirect or Cafédirect Handpicked, you may not connect “deep links” to the site, i.e. create links to this site that bypass the home page or other parts of the site. You may not mirror or frame the home page or any other pages of this site on any other web site or web page and you must not seek to use any link to infer any affiliation with Cafédirect or Cafédirect Handpicked.

LICENCE

If you want to share the content on our site with your friends, please use the sharing tools provided.

You are permitted to print and download extracts from the website for your own use on the following basis:

no documents or related graphics on the website are modified in any way;
no graphics on the website are used separately from the corresponding text; and
our copyright and trademark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphical images) are owned by us or our licensors.

For the purposes of this legal notice, any use of extracts from the website other than in accordance with these terms and conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.

Subject to these terms and conditions, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.

SERVICE ACCESS

While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under our Privacy Policy any material you transmit or post to the website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the website any material:

that’s threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the website (including, without limitation, by hacking). We shall fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.

SUSPENSION AND TERMINATION

We will determine, with discretion, whether there has been a breach of these terms and conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

VARIATIONS

We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions, notices or terms published elsewhere on our site.

DISPUTE POLICY

If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a “moderation notice”):

A moderation notice should be sent either:

by post: to our current registered office, marked for the attention of “The Legal Department”; or
by email: to shop@cafedirect.co.uk.

The moderation notice should include details of:

the date, time and listing of the comment(s)/content concerned;
the action that you wish us to take in respect of the comment(s)/content; and
the basis on which the action requested is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).

On receipt of the moderation notice, we shall, in most circumstances:

immediately suspend the comment(s)/content concerned;
commence an investigation into it/them; and
contact the user(s) concerned:

with a copy of your moderation notice;

giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your moderation notice; and requesting that they respond to us within 21 days.
If we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.
Once we have received a response from the user(s), we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.
Once we have taken our decision, we will notify you and the user(s) concerned as soon as possible. When notifying you of the decision, we will attach a copy of the user(s)’ representations (if any), redacted to protect their identity.
For the purposes of openness and fairness, we will send copies of all relevant correspondence addressed to it to all parties, again redacted where appropriate to protect the user(s)’ identity.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

LAW AND JURISDICTION

This website, its content and any contract brought into being as a result of usage of this website, will be governed by English Law. Any dispute or claim arising out of or in connection with any such contract or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

PURCHASE TERMS AND CONDITIONS

REGISTRATION

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

BUYING CAFÉDIRECT PRODUCTS AND SUBSCRIPTIONS

Purchase of a product and/or subscription through this website is conditional upon your acceptance of these terms and conditions. We sell products and subscriptions to our customers whereby we send the desired product at the agreed time to the desired place. Every product and/or subscription is made clear at the time of purchase and through subsequent confirmation emails.

Our subscription packages will auto-renew (except any bought as gifts). You can ask to cancel the packages before your subscription is due to renew. Plans will renew on their anniversary date.

YOUR STATUS

By placing an order through our site, you confirm that:

You are legally capable of entering into binding contracts;
You are at least 18 years old.

You grant us an irrevocable non-exclusive licence to use for any purpose any content you post on our website or otherwise communicated to us via any media.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After you place an order for a subscription and/or product, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Acceptance is confirmed by us sending you an email that confirms that the product(s) have been dispatched. The contract between us will only be formed when we send you dispatch confirmation.

OUR STATUS

Cafédirect Handpicked’s obligations under this agreement are to issue the product and/or subscription to you under the agreement. We are responsible for you receiving the desired goods to an (at least) acceptable quality.

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party.

CONSUMER RIGHTS

If you have a problem with a product or service you bought online on Cafédirect Handpicked, you can submit your complaint via the Online Dispute Resolution Platform of the European Commission via the following address http://ec.europa.eu/odr which may allow out-of-court dispute settlement.

If you are contracting as a consumer, you may cancel a contract at any time within the cancellation period. This cancellation period begins when you receive dispatch confirmation and ends 14 days after the day on which you receive the goods. You will be responsible for returning a cancelled order to us . You will receive a full refund of the price paid for the subscription and/or product, in accordance with our refunds policy, unless there is any reduction in the value of the goods caused by your handling, in which case the refund will be reduced to reflect this. The refund will include the cost of delivery charges up to our standard delivery charge as a maximum. If the product has been delivered to you before you decide to cancel your contract, you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.

PRICE AND PAYMENT

The price of any product and/or subscription will be as quoted on our site, except in cases of obvious error. These prices include VAT. If there’s an obvious pricing error in relation to the product and/or subscription which could have reasonably been recognised by you as a mis-pricing then we have the right to cancel any product and/or subscription issued in respect of the deal and issue you a refund in respect of the same.

Payment for all products and subscriptions may be made by credit or debit card and/or PayPal. We may sometimes preauthorise your credit card, debit card and/or other method of payment when you offer to make a purchase but will only charge your credit or debit card up to 14 days before the products are despatched.

DAMAGED OR FAULTY GOODS

We will comply with our obligations in relation to damaged or faulty goods in accordance with your statutory rights.

OUR REFUNDS POLICY

If we are providing a refund:

because you have cancelled the contract between us in accordance with this agreement and within the 14-day cancellation period, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day we receive back from you any goods supplied or, if earlier, 14 days after the day you provide evidence that you have returned the goods. If no goods were supplied, we will refund you by no later than 14 days after the day on which we are informed about your decision to cancel the contract. In this case, we will refund the price of the product or subscription in full;
for any other reason at our discretion we will notify you of such refund via email within a reasonable period of time. We will usually process the refund due to you as soon as we can.

We will also usually refund any money received from you using the same method originally used by you to pay for your purchase.

OUR LIABILITY

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the subscription and/or product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:

For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:

loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
loss of data, or
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable.

GIFT CODES

You can only use a gift code online to redeem the gift plan which has been purchased (3 months, 6 months or 12 months). You must create an account in order to claim your gift code.

You have six months from the date of purchase of the gift plan before the gift code will expire. Any gift codes which are unused by this time will be invalidated and the code will be unusable.

Gift plans cannot be exchanged for cash or other products.