Subscription Programme Conditions

These conditions (hereinafter “Subscription Programme Conditions”) govern the “Subscription with Machine” and “Coffee Only Subscription” subscription programmes (hereinafter the “Programme” or the “Programmes”).

For anything not expressly regulated by these Subscription Programme Conditions, please refer to the General Conditions of Sale [LINK] on the Website, applicable to the sale of individual Caffè Borbone products (“General Conditions”). In particular, articles 1, 2, 3, 6, 7, 8, 9, 10, 11, 12 and 13 of the General Conditions of Sale apply. In the event of a conflict, these Subscription programme conditions for the “Subscription with Machine” and “Coffee Only Subscription” Programmes shall take precedence.

Caffè Borbone offers the possibility of taking out a subscription programme for the supply of coffee products (pods or capsules) together or not with the hire purchase of a coffee machine. The Customer may then choose from two different Programme formulas:

1. “Abbonamento solo Caffè” (“Coffee Only Subscription”): This subscription programme with unlimited term involves the supply of coffee (capsules or pods) on a periodic basis in the quantity corresponding to the “size” chosen by the Customer at the time of subscription from among those available and named XS (extra small), S (small), M (medium), L (large) or XL (extra large) depending on the number of products supplied, or subsequently modified, again on the basis of the Customer’s choice.

   Depending on the size, coffee is supplied on a monthly (M, L, XL) or bimonthly (XS, S) basis.

   There is no charge in the event of the cancellation of the subscription.

2. “Abbonamento con Macchina” (“Subscription with Machine”): This is a subscription programme of unlimited term which, together with the supply of coffee (in capsules or pods) in the quantity corresponding to the size (XS, S, M, L, XL) chosen by the Customer at the time of subscription or subsequently (as with the “Coffee Only Subscription” programme), also involves the purchase of a coffee machine (chosen by the Customer from among those available) at a subsidised price with an instalment-based financing plan.

   The customer receives the coffee machine with the first scheduled coffee delivery under the Programme which, depending on the size, takes place on a monthly (M, L and XL) or bimonthly (XS, S) basis.

   In the event of withdrawal prior to the payment of all instalments for the purchase of the machine, the part of the price not yet paid (equal to the sum of the monthly instalments for the purchase of the machine not yet paid) shall be charged in a lump sum to the credit card indicated when subscribing to the Programme.

1. Coffee Only Subscription

   By joining the “Coffee Only Subscription” Programme, the Customer:

   - receives the supply of coffee products (capsules or pods) in the form and size indicated in Table 1 on a monthly or bimonthly basis depending on the chosen subscription size (bimonthly in the case of sizes XS and S, monthly in the case of sizes M, L and XL) as indicated in Table 1; - pays the “Coffee Only Rate” indicated in Table 1, charged by Caffè Borbone on a monthly or bimonthly basis, depending on the supply size chosen, to the payment method indicated in the account.

   The Programme has an unlimited term. The Customer may in any case withdraw from the “Coffee Only Subscription” at any time in the ways indicated in article 12 below.

   After the first delivery, subsequent orders are charged directly to the registered credit card according to the ways and timeframes described in articles 6 and 7.

   Table 1: Form, product type and subscription size available to Customers that subscribe to a “Coffee Only Subscription” Programme

   PRODUCT TYPE SUBSCRIPTION SIZE AND SUPPLY FREQUENCY “RATA SOLO CAFFÈ” (“COFFEE ONLY RATE”) FORM CAPSULES Blend selection XS  bimonthly supply S  bimonthly supply M  monthly supply L  monthly supply XL  monthly supply [●] Euro/two months [●] Euro/two months [●] Euro/month [●] Euro/month [●] Euro/month PODS Blend selection XS  bimonthly supply S  bimonthly supply M  monthly supply L  monthly supply XL  monthly supply [●] Euro/two months [●] Euro/two months [●] Euro/month [●] Euro/month [●] Euro/month

2. Subscription with Machine

   By joining the “Subscription with Machine” Programme, the Customer:

   - purchases one of the coffee machine models listed in Table 2 with an instalment-based financing plan; - receives the supply of coffee products (capsules or pods) in the form and size indicated in Table 1 on a monthly or bimonthly basis depending on the chosen subscription size (bimonthly in the case of sizes XS and S, monthly in the case of sizes M, L and XL) as per the “Coffee Only Subscription” programme, as indicated in Table 1; - pays a monthly subscription rate, charged by Caffè Borbone to the payment method indicated in the account, according to the following arrangement: (i) until all of the rates with machine indicated in Table 2 have been paid, the instalment is equal to the sum of the “Rate with Machine” and the “Coffee Only Rate” indicated in Table 1; (ii) thereafter, the instalment is equal to the “Coffee Only Rate” indicated in Table 1 corresponding to the chosen size of the coffee supply.

    

   The Programme is of unlimited term and the Customer may terminate the “Subscription with Machine” at any time in the ways indicated in article 12. In the event of withdrawal prior to the payment of all of the rates with machine set out in Table 2, the part of the price of the coffee machine not yet paid (equal to the sum of the rates with machine set out in Table 2 not yet paid) shall be charged in a lump sum to the credit card indicated at the time of subscription in accordance with article 12 below.

   After the first delivery, subsequent orders are charged directly to the registered credit card according to the ways and timeframes described in articles 6 and 7.

   Table 2: Machine models available to Customers that subscribe to a “Subscription with Machine” Programme

   MACHINE TYPE MACHINE LIST PRICE PRICE OF MACHINE WITH THE PROGRAMME “RATA CON MACCHINA” (“RATE WITH MACHINE”) Model 1 [●] Euro [●] Euro Subscription size XS and S  [●] Euro x 6 bimonthly periods Model 2 [●] Euro [●] Euro Subscription size M, L and XL [●] Euro x 12 months

The Customer may only subscribe to the “Subscription with Machine” and “Coffee Only Subscription” Programmes via the personal area of the Website or by requesting the support of Customer Service in accordance with article 2 of the General Conditions of Sale. In order to join the Programmes, the Customer must register a personal account in accordance with article 3 of the General Conditions of Sale.

Throughout the duration of the Programme, the Customer may modify the following information at any time and at no additional charge by accessing their personal account and going to the “Subscription” section or by contacting Customer Service:

i. their personal, billing and credit card data; ii. their shipping address; iii. the type and form of the products to be supplied and the size of the subscription.

Changes to the size automatically lead to a change in the monthly rate of the Programme and possibly also in the frequency of deliveries as set out in article 3 above.

The changes referred to in point i. shall take effect immediately. As defined in article 7 below, the changes referred to in points ii. and iii. are effective from the Delivery Period following the one in progress at the time of the change if communicated at least 3 days prior to its commencement. If changes are made after this deadline, they will apply to subsequent deliveries.

In the same way, the Customer may suspend the Programme for a maximum consecutive period of 3 (three) months and a maximum of 3 (three) suspensions during the duration of the Programme. This communication must be received at least 3 days before the start of the “Delivery Period”, as defined in article 7 below, which the Customer intends to suspend. During the suspension period of the “Subscription with Machine”, the Customer will not be charged any amount. At the end of the suspension period, the Programme will resume automatically.

The Programme rates and payment methods are indicated on the Website. Prices are in Euro and include VAT and shipping costs.

Programme rates can only be paid by credit card (Visa, Mastercard, American Express, Maestro, Diners Club). Neither prepaid credit cards nor debit cards will be accepted.

The amount of each Programme rate shall be charged only upon the shipment of the products for each delivery, with the exception of the first rate for which Caffè Borbone will request a pre-authorisation to ensure the necessary funds are available on the chosen credit card.

If, at any time during the period of validity of the Programme, the payment method has insufficient funds to cover the monthly rate of the Programme as set out in article 3, the Programme will be temporarily suspended and no delivery will be made. Caffè Borbone shall inform the Customer of this suspension and it shall be the Customer’s responsibility to provide a new credit card as soon as possible, and in any case no later than the time indicated in the communication of the Programme’s suspension, or to communicate the new availability of funds on the payment method previously selected. In the event of unsuccessful payments in relation to products already delivered to the Customer under the Programme, Caffè Borbone reserves the right to take action as set out in article 13 below.

Credit card payments are handled directly by the secure servers of Braintree, a Paypal group company, which guarantees the security of online transactions. Caffè Borbone has no knowledge of the Customer’s credit card details and therefore may not be held liable for any fraudulent or unlawful use of the credit card by third parties, the details of which were communicated at the time of payment for the products purchased.

Credit cards will be subject to checks and authorisation by the card issuer. Caffè Borbone shall not be held liable in the event the entity in question refuses authorisation. Once the contract has been concluded the charge made to the credit card will be final.

The Customer shall notify Caffè Borbone, through Customer Service or by accessing their personal account on the Website, of any changes (e.g. the expiry of the card) regarding the credit card registered for the payment of the Programme rates.

If the Customer wishes to receive an invoice, they must select the appropriate option when joining the Programme or subsequently contact Customer Service.

Transport and delivery costs are free of charge for all “Coffee Only Subscription” and “Subscription with Machine” programme subscribers.

Caffè Borbone shall ship the purchased products exclusively to the address indicated in the account. We do not accept shipments to PO boxes. Changes of address and the other changes referred to in article 5 will be taken into account if communicated within the terms specified in this article.

The products that can be purchased through the Programmes are delivered by Caffè Borbone to Italy, Republic of San Marino, Vatican City, Belgium, France, Germany, Holland and the United Kingdom only [TBC].

Caffè Borbone will arrange and dispatch the first shipment of products ordered by the Customer, by courier, to the address indicated in the account, approximately within 48 working hours of the conclusion of the contract for shipments within the European Union and within 7 working days for shipments outside Europe.

Shipments following the first shipment take place on the basis of the following periods (hereinafter referred to as “Delivery Periods”):

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

Delivery generally takes place within 4 working days after shipment within Italy and within 7 working days in countries other than Italy. The reported delivery times are approximations. Once the shipment has been dispatched, Caffè Borbone will send the Customer an email with instructions on how to track and trace the shipment. Shipments are made on Italian territory by Bartolini express courier and in Europe by couriers DPD or DHL. Caffè Borbone undertakes to collect any reports of non-delivery or delayed delivery of the products through Customer Service and, if necessary, to assist the Customer in protecting their rights in relation to the carrier, in accordance with the law.

Should the carrier fail to deliver the shipment for any reason, a second delivery will be attempted the following day. Should this second attempt fail, the parcel will go into storage and may be collected at the delivery address in accordance with the instructions provided by the carrier.

The Programmes are of unlimited term without prejudice to the Customer’s right to request termination at any time as provided in article 12.

Caffè Borbone reserves the right to vary its product list as a consequence of changes to its commercial policy. In the event that one or more products selected by the Customer for their Programme should no longer be permanently available, Caffè Borbone shall contact the Customer at least 30 days in advance. The Customer may decide to vary the make-up of their Programme by selecting different Caffè Borbone products in the list while also retaining the right to not accept the change by not selecting any alternative product and consequently terminating the Programme.

In the event that one or more products selected by the Customer at the time of subscribing to the Programme undergo changes in form (a change in the number of capsules or pods) or are temporarily unavailable, Caffè Borbone shall inform the Customer at least 30 days in advance of the extent of such changes or of their unavailability by email or telephone. Should the Customer choose not to terminate the Programme, the subscription will be adjusted to the new form and delivery schedule based on the availability of the selected products.

Caffè Borbone may modify the amount of the “Coffee Only Rate” referred to in article 3.1 and applicable to the Programmes to reflect circumstances such as changes to the product range and the characteristics of the products, changes in the business or changes in the economic environment or for safety, legal or regulatory reasons. Caffè Borbone will communicate this change by sending an email to the account email address with reasonable notice and in any event within at least 30 days. Price variations will take effect from the payment of the first rate following the date of the change.

In the case of the “Subscription with Machine” Programme, under no circumstances will the amount of the Rate with Machine referred to in article 3.2 and applicable at the time of conclusion of the contract be subject to variations.

Without prejudice to the Customer’s right to terminate the Programme as provided for in article 12 of these conditions below, the Customer shall also be entitled to withdraw from the Programme.

Withdrawal is effective only if exercised no later than 14 days from the date of the first delivery of products under the Programme in the ways set out in article 6.1 of the General Conditions of Sale. In this case, against the return of the products by the Customer as indicated in the same article 6.1 of the General Conditions of Sale, Caffè Borbone shall refund the amounts already paid by the Customer.

The rules on the Exchange of Goods set out in article 6.2 of the General Conditions of Sale do not apply to the Programmes.

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

Termination may be requested by the Customer by visiting the [●] section of their personal area or by contacting Customer Service as indicated in article 10 of the General Conditions of Sale.

The termination request must be received at least 3 days before the beginning of the “Delivery Period” from which the Programme is to be terminated and shall be effective upon the Customer’s receipt of the email communication from Caffè Borbone confirming their cancellation from the Programme. From this moment, Caffè Borbone shall no longer be obliged to provide any service to the Customer, nor shall the Customer be obliged to make any payment for orders after this date as per these conditions as part of the Programme, except as provided below.

Following termination, Caffè Borbone shall in any event charge the Customer:

- in the case of the “Coffee Only Subscription” Programme (i) the amount of the “Coffee Only Rate” indicated in Table 1 of article 3.1 in relation to unpaid coffee deliveries already made or in progress. - in the case of the “Subscription with Machine” Programme, (i) the amount relating to the part of the price of the coffee machine not yet paid for (equal to the sum of the unpaid rates for the machine indicated in Table 2 of article 3.2) and/or (i) the amount of the “Coffee Only Rate” indicated in Table 1 of article 3.1 in relation to unpaid coffee deliveries already made or in progress.

Caffè Borbone shall be entitled, at its sole discretion, to terminate the Programme at any time for reasons of commercial expediency. In this case Caffè Borbone shall formally notify the Customer of its withdrawal from the Contract with a notice period of at least 15 days, undertaking in any case to complete all deliveries scheduled and correctly paid for by the Customer before the effective contract termination date.

Caffè Borbone may nevertheless terminate the contract in the event of default by the Customer, consisting of the non-payment by the Customer of the amounts due under the Programme.

In this case, Caffè Borbone shall notify the Customer by email or registered letter with return receipt or via their account with a notice period of 15 (fifteen) days within which the Customer shall have the opportunity to pay off any outstanding debts.

In any case, Caffè Borbone reserves the right to take action against the Customer, also through third parties, to recover the credit corresponding to the part of the price of the coffee machine not yet paid for (equal to the sum of the unpaid rates for the machine indicated in Table 2 of article 3.2) or the amount of the “Coffee Only Rate” indicated in Table 1 of article 3.1 in relation to coffee deliveries already made that have not been paid for by the Customer.

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