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TASSIMO - Home Delivery Service - Terms and Conditions (THE REPUBLIC OF IRELAND)

Please read these terms and conditions carefully before ordering any products from us. By ordering any products from us you are agreeing to these terms and conditions.

Last Update March 2015

1. Introduction

1.1 The TASSIMO Home Delivery Service is offered subject to these terms and conditions by Koninklijke Douwe Egberts B.V, based at Oosterdoksstraat 80, 1011 DK Amsterdam, The Netherlands, Umsatzsteueridentifikationsnummer IE3337352QH, and references to"we", "us", "our" and similar expressions should be read as references to that company.

1.2 References in these terms and conditions to "you", "your" and like expressions means the person or company placing an order with us subject to these terms and conditions.

1.3 The TASSIMO Home Delivery Service sells TASSIMO Machines, T DISCs and other beverage-related and TASSIMO-related items ("products") as may be listed from time to time on our web site at www.tassimo.com/ie ("our Republic of Ireland website").

1.4 You can order products for delivery to the Republic of Ireland using our Republic of Ireland web site. These terms and conditions will apply to your order upon placing an order. This is a site for members of the public to purchase the products. If you are a business placing an order you will be unable to claim any taxes or equivalent from us.

2. Terms and Conditions

2.1 Nothing in these terms and conditions affects your statutory rights.

2.2 The way in which we process and protect your data is described in both these terms and conditions and in our published Privacy Policy on our web site. It can be read by clicking here.

3. Prices

3.1 All prices are inclusive of VAT within the Republic of Ireland where appropriate. All prices are quoted in Euro (€ EUR) only.

3.2 The total value of your order including VAT and delivery charges will be displayed on the order confirmation screen. The displayed price is the amount in Euro (€ EUR) that you will pay.

3.3 Due to the fact that the TASSIMO Home Delivery Service is offered and managed by Koninklijke Douwe Egberts B.V, any payment for an online purchase may constitute an international transaction which may be charged by your bank with additional fees.

3.4 Prices of the products and our delivery charges will be as quoted on our Republic of Ireland web site at the point of ordering (subject to revision for errors).

3.5 Our Product prices and delivery charges are liable to change at any time. Any changes made to our Product prices and delivery charges after a Dispatch Confirmation has been sent out to you will not affect any order which you have already placed. A Dispatch Confirmation is explained in more detail at 6.1 below.

3.6 Our Republic of Ireland web site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Republic of Ireland web site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less that our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our of Ireland web site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

3.7 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation (see 6.1 below), if the pricing error is obvious and unmistakeable and could reasonably been recognised by you as an error.

4. Ordering & Payment

4.1.You can order our products on-line using our Republic of Ireland web site www.tassimo.com/ie

4.2 Please note, we are only able to accept money off vouchers issued through the TASSIMO Home Delivery Service.

4.3 We will endeavour to deliver all the products you order. In the unlikely event of any product being out of stock at the time we will notify you of this and hold your order until the missing item(s) is/are available. We will not deliver any part of your order until all the items you have ordered are in stock and available for delivery to you. This may affect the normal delivery schedule.

4.4 Whilst every effort will be made to ensure that all items shown in our on-line product catalogue are in stock we offer no guarantee of availability and our telephone service and this electronic publication does not constitute an offer for sale capable of acceptance by you submitting an order.

4.5 If ordering on-line, when we receive your order we will automatically send you an e-mail confirming acknowledgement of receipt of your order details ("Confirmation Email"). This Confirmation Email will be directed to the e-mail address you supplied to us upon placement of your order and is not a guarantee of availability nor acceptance of an offer.

4.5 To ensure your order is dealt with promptly, we require your full, correct address details, including a county for Republic of Ireland (as applicable), a day time contact telephone number and your e-mail address (if you have one). If you have a registration card, please also include your TASSIMO Unique Client Number which can be found on the front of your card. The billing address you provide to us must be the same as the billing address you have notified to and registered with your selected credit/debit card company or other payment services provider as this is used to validate your order. We regret that failure to supply the correct details will result in your order being held pending the supply of the correct details.

4.6 Your order will only be processed if full payment details are given.

4.7 We use a third party payment services provider to process payments. Upon placing your order using our Republic of Ireland web site, the final step in the ordering process will result in your order being handed over to our payment services provider's web site for payment. You may pay using any of the payment methods listed on our payment services provider's page after your order is transferred to their web site for payment.

4.8 Your detailed payment information will be collected when placing the order and your payment will be debited at the point you complete your order. In some exceptional circumstances order dispatch may be delayed due to unforeseen circumstances, and in this situation, depending on your payment method, payment debit will occur 3 to 7 days after you placing the order. Debiting your payment does not represent acceptance by us of your order or otherwise commit us to a contract with you. Section 5 of these terms will govern how and when a binding contract is formed between you and us in relation to any order.

4.9 If you experience any difficulties processing your order or with payment, please call our Republic of Ireland Careline. The careline numbers are listed in section 1.5 of these terms and conditions.

4.10 All orders are checked with the relevant payment provider prior to dispatch, so please ensure that the details you provide us with are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given.

4.11 All investigations for order traces will be implemented as soon as possible. Queries need to be directed to our United Kingdom Careline if dialling from within the United Kingdom and our Republic of Ireland Careline if calling from Republic of Ireland; you will need to quote your Order Reference Number or your postcode. The careline numbers are listed in section 1.5 of these terms and conditions.

5. How a contract is formed between you and us

5.1 Using our Republic of Ireland web site:

5.1.1 After placing an order on our Republic of Ireland web site, you will receive a Confirmation Email. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy the product(s) you have ordered. All orders are subject to acceptance by us.

5.1.2 Orders will only be accepted by us upon dispatch of the product(s) you have ordered. We will confirm such acceptance to you by sending you an email which confirms that the order has been dispatched ("Dispatch Confirmation").

5.1.3 The contract will be formed when we send you the Dispatch Confirmation, unless we notify you that we do not accept your order or if you have cancelled it.

6. Delivery

6.1 In normal circumstances your order should be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. If there are reasons why we believe that delivery may be delayed, we will try to contact you.

6.2 We can deliver as many products as you wish up to 25 kilograms in weight for a one-off single delivery charge.

6.3 We regret we are unable to accept orders for delivery to an address containing a PO Box Number, or from persons placing an order whose address contains a PO Box Number. There may be other types of addresses to which, from time to time, we are not able to accept orders for delivery.

6.4 Subject to section 6.3 above, deliveries will be made to the address that you have nominated. The products will be at your risk from the time of delivery. In the event that you select a business address, we shall be deemed to have delivered the product to its intended recipient by delivering it to the reception area at the business address. However, if an express delivery has been selected, your signature will be required or the products will not be delivered.

6.5 Standard Delivery Service in the Republic of Ireland:

A "Working Day"

any day (other than a Saturday, Sunday or public holiday in the Republic of Ireland (depending upon where delivery is to be made)).

6.6 For deliveries within the Republic of Ireland, the €4.99 delivery charge is waived for orders placed to the value of €39 or more in a single delivery, up to the maximum weight per single delivery specified in condition 6.2 above. No deliveries are made on Saturdays, Sundays or holidays in the Republic of Ireland (depending upon where delivery is to be made).

6.7 Please note if you order from tassimo.com/ie, we can only deliver to a valid address located within the Republic of Ireland.

7. Cancellation of order/returns policy

7.1 You have the legal right to cancel your order at any time without reason, subject to sections 7.2, 7.3 and 7.4 below, within the time periods listed in the table below, in each case starting on the day after delivery, provided that the goods you have ordered are not perishable:

Method of ordering Cancellation period

On line using our Republic of Ireland web site 14 calendar Days

7.2 To cancel an order, you must:

7.2.1 choose one of the following options:

7.2.1.1. Contact the applicable Republic of Ireland Careline. The careline numbers are listed in section 1.5 of these terms and

conditions.

7.2.1.2. send us an email to the following address Consumerservice.IRE@jdecoffee.com

7.2.1.3. fill in the following withdrawal form TASSIMO Order Cancellation Form and send it to the following

Consumerservice.IRE@jdecoffee.com

7.2.2 return the products to us, without undue delay and in any event no later than 14 calendar days from the day on which you communicate your wish to withdraw from the contract. You can return the products to the address given to you in the email in which we acknowledge your wish to withdraw from the contract. Please insert a copy of your delivery note into your return parcel and retain your receipt or proof of postage;

7.2.3 return the products to us in the same condition in which you received them and at your own cost and risk no later than 14 calendar days from the day on which you communicate your decision to withdraw from the contract. On your request and for your convenience, careline will provide you with a return label to simplify the shipment process and to reduce the return costs you will need to bear to TASSIMO consumers. The cost of the return shipment shall be deducted from the amount refunded. We inform you that the return shipment cost deducted is the same amount than the regular shipping cost when ordering;

7.3 If you exercise your right to cancel, subject to sections 7.1 and 7.2:

7.3.1 you will receive a full refund of the price you paid for the products including postage cost you have paid for the delivery of the products (return costs shall be paid by You); and

7.3.2 we will return your money to you by re-crediting it to the payment method you used to pay for the products without undue delay and in any case within 14 days of the day we have received the products you wish to return or until you supply evidence that you have sent the products back to us, whichever is the earliest. The refunds will be made in Euro (EUR €).

7.3.3 we are not responsible for the fluctuations in the exchange rate between Euro (EUR €) and any other currency, and provided we have refunded the same amount in Euro (EUR €) as we charged for the products at the point you ordered them, this will constitute a full refund of the purchase price.

8.2 If you are ordering using our Republic of Ireland web site, the last stage in the order process is that details about your order will be passed to our selected PSP. This will be clear from the details presented to you in your browser during the order process. The PSP will ask you to select one of the supported payment methods, and enter relevant details regarding that payment method (for example, if paying by credit card this could include your name and address details, credit card number, expiry date of the card and the security digits on the rear of the card) in order for the payment to be processed.

8.3 When you are using the PSP's web site to enter your payment details, you acknowledge you are using a third party's web site and agree to do so in accordance with the terms and conditions and privacy policy of that web site. Agreeing to such use is a condition of ordering products through either our Republic of Ireland web site or our Republic of Ireland Careline. 8.4 That payment services provider facilitates payment from you to us using the method you select during the order process. Both we and the PSP will collect certain personal data about you during the process of placing an order. We will use that personal data in order to facilitate your order and to perform any contract that may arise between us as a result of your order. By submitting an order, you are consenting to both our PSP and us using your personal data for these purposes. These uses are in addition to any other uses of your personal data that are described in our published Privacy Policy on our web site. It can be read by clicking here.

8.5 To ensure that your chosen payment method is not being used without your consent, we and/or the PSP may validate name, address and other personal information supplied by you during the order process against the appropriate third party databases. By accepting these terms and conditions, you consent to such checks being made.

8.6 We will retain certain details about your order, which will include some of your personal data, for a reasonable period after you have placed your order. Our PSP will also retain certain details about your order, which will include some of your personal data, for a reasonable period after you have placed your order. This is in order to allow us to deal with any questions, issues, cancellations or refunds that may be necessary.

8.7 All data provided by you to us as part of the order process will be treated securely and in accordance with the Republic of Ireland’s Data Protection Act 1998.

8.8 Our ordering and payment process is digitally encrypted using SSL technology to transfer your details to our secure server. SSL is the industry standard for secure on-line payment, it provides a high level of protection to you, and to us and our PSP, against fraudulent transactions. We will pass details of your order to our PSP using secure SSL technology.

8.9 Should you have any questions regarding security, please contact our Republic of Ireland Careline.

9. Customer Service

9.1 We aim to provide you with an excellent service. However should you have any comments or issues with the TASSIMO Home Delivery Service, in the first instance please contact:

9.2 We aim to acknowledge all queries within 3 working days, and deal with complaints within 5 working days. A "working day" any day (other than a Saturday, Sunday or public holiday in the Republic of Ireland (depending upon where delivery is to be made))

10. General

10.1 We reserve the right to supplement and amend these Terms and Conditions for any reason at any time. It is your responsibility as a customer to review these on each occasion you access the TASSIMO Home Delivery Service, whether on line using our Republic of Ireland web site or by telephone using our Republic of Ireland Careline.

10.2 We also reserve the right to suspend, restrict or terminate access to the TASSIMO Home Delivery Service for any reason at any time.

10.3 These terms and conditions, and all matters relating to orders using our Republic of Ireland web site or using our Republic of Ireland Careline shall be governed by Irish law and the Irish courts shall have jurisdiction over any disputes.

10.4 We shall not supply you with any products or services if you are subject to sanctions within the meaning of Regulation (EC) 2580/2001 and Regulation (EC) 881/2002 (anti-terrorism regulations) or similar (particularly U.S.), as amended from time to time, imposed by the European Union or the government of the country where you are buying our products or services. By accepting these terms and conditions you warrant that you are not subject to beforementioned sanctions. If you breach this clause we may rescind or cancel your order, or rescind or terminate your subscription plan.

11. Liability

11.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by Sale of Goods and Supply of Services Act 1980 section 12 of the United Kingdom's Sale of Goods Act 1979, defective products under the Consumer Protection Act 2007 or any liability which may not otherwise be limited or excluded under applicable law. 11.2 Subject to clause 12.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories, even if such losses result from our breach: 11.2.1 loss of profit; 11.2.2 loss of business; 11.2.3 loss of opportunity; 11.2.4 loss of savings; 11.2.5 loss of the use of money; 11.2.6 loss of existing or future contracts; 11.2.7 loss of data; 11.2.8 loss of goodwill; and/or 11.2.9 loss of reputation. 11.3 We will not be liable for any theft or loss of or destruction to your products once the products are delivered to your nominated delivery address.

12. Trade Marks & Copyright

12.1 We own all the rights in the designs and information on our web sites, including our Republic of Ireland web site (www.tassimo.com/ie) You may only print out parts of our Republic of Ireland web site for the purpose of ordering products on our Republic of Ireland web site. You must not use the material on any of our web sites for any other purpose.

12.2 "TASSIMO", "KENCO" and "SUCHARD" and "T DISC" are our registered trademarks and other products names featured in our web sites may be registered trademarks belonging to other organisations, and must not be copied or used without their permission.

13. Terms & Conditions for 10+10 Promotion

Register your brewer to receive €10 off each of your first two orders. Minimum €25 + P&P spend per order. 1st voucher valid for 6 weeks from registration. 2nd voucher valid for 4 months from registration. This offer cannot be used in conjunction with any other promotional codes and does not apply to other special offers, such as drinks bundles or machine deals.

14. Subscription to our TASSIMO Coffee Machine Subscription

14.1 Subscription

We may offer a variety of subscription plans to our Tassimo Subscription Plan to have our Products delivered on a regular basis. TASSIMO has the following subscription plans: Machine Subscription Plan, with types:

· Starter Subscription Plan
· Saver Subscription Plan
· Super Fan Subscription Plan

You will purchase a TASSIMO Coffee Machine as part of the Subscription Plan.

In return for the recurring fee included in your plan, you can regularly purchase pods depending on the time of shipment for your plan ( see 12.5.2 ). Machine Subscription Plans are concluded for a fixed period of 12 months after which the contract will automatically terminate. This does not affect your statutory right to withdraw from your Machine Subscription Plan within 14 days of the receipt date of the first goods.

Terms on delivery, the subscription period (fixed or indeterminate), the billing cycle as well as the costs associated with the subscription depend on the chosen subscription plan. Unless agreed otherwise, the following terms apply.

14.2 Who can purchase a subscription?

12.2.1 Customers must be at least 18 years old and have a TASSIMO account and reside in the Republic of Ireland . You can register for an account via https://tassimo.com/gb/subscription/catalog. There is a limit of one Subscription Plan per account.

14.3 Prices and information

12.3.1 When you register for a TASSIMO Subscription Plan for the regular delivery of our Products, we shall make you aware in a clear and prominent manner, and directly before the placing your order of; the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract and, where applicable, the minimum duration of your obligations under the contract.

14.3.2 My Way model may vary due to stock.

14.4 Delivery.

Regular Delivery. The delivery frequency and delivery dates for the regular delivery on the basis of the subscription plan depend on the chosen subscription plan (see 12.1). Delivery shall be fulfilled by the delivery date shown in the Order Accepted Notification you will receive from us or, if no delivery date is specified therein, within 30 days of the date of the Order Accepted Notification. If there are reasons why we believe that delivery may be delayed, we will try to contact you.

TASSIMO Starter: delivered and invoiced €69.96 every 4 months (this means an amount of €17.49 monthly. This plan will cost €1 + €209.88 for one year.)

TASSIMO Saver: delivered and invoiced €104.97 every 3 months (this means an amount of €34.99 monthly. This plan will cost €1 + €419.88 for one year.)

TASSIMO Super Fan: delivered and invoiced €138.98 every 2 months (this means an amount of €69.49 monthly. This plan will cost €1 + €833.88 for one year.)

14.5 Payments

12.5.1 We use a third party payment services provider to process payments. Upon placing your order using our website, the final step in the ordering process will result in your order being handed over to our payment services provider's website for payment. You may pay using a credit card payment method listed on our payment services provider's page after your order is transferred to their website for payment.

12.5.2 If you register for a Subscription Plan you acknowledge and agree that we or our third-party payment provider is authorized to charge you on a recurring basis for your subscription. The TASSIMO Subscription Plan has a fixed recurring fee, which will be charged to you at the time of shipment. For the Machine Subscription Plan, shipment will take place every four months for the type Starter Subscription Plan, every three months for the type Saver Subscription Plan and every two months for the type Super Fan Subscription Plan. Payment and shipment dates will be communicated via email and indicated in your account. If these dates change, we will notify you of such in a timely manner.

12.5.3 When purchasing the Subscription Plan for the first time, you will be charged with your chosen recurring fee for the next two/three/four months depending on the type of your Subscription Plan (see 12.1). If you purchase a Machine Subscription Plan, you will also be charged the machine costs indicated in the plan.

TASSIMO Starter: delivered and invoiced €69.96 every 4 months (this means an amount of €17.49 monthly. This plan will cost €1 + €209.88 for one year.)

TASSIMO Saver: delivered and invoiced €104.97 every 3 months (this means an amount of €34.99 monthly. This plan will cost €1 + €419.88 for one year.)

TASSIMO Super Fan: delivered and invoiced €138.98 every 2 months (this means an amount of €69.49 monthly. This plan will cost €1 + €833.88 for one year.)

12.5.4 If for some reason the payment fails, we will temporarily stop shipping any coffee until the payment succeeds. In this case you can contact our Consumer Relationship Centre. If the payment is not made within 3 days before the next shipment, we reserve the right to initiate our internal dunning procedure.

12.5.5 If you fall behind with your payments, and we are unable to recover any late payments ourselves, we may appoint a debt collection agency to recover the money you owe us. If that happens you could become liable for the additional costs of the debt collection agency and for court and legal fees.

15. General

15.1 We reserve the right to supplement and amend these Terms and Conditions for any reason at any time. It is your responsibility as a customer to review these on each occasion you access the TASSIMO Home Delivery Service, whether on line using our web site or by telephone using our Republic of Ireland Carelines.

15.2 If we change the terms for the subscription plan, including associated prices, we will send you a notification to the email address to the email address associated with your order and/or account, stating the changes and the date on which these changes will take effect. In case you are not willing to agree to these changes, you may terminate your subscription prior to the date the changes shall take effect. Price changes will only apply to subsequent billing cycles following notice of the change, provided that you have not cancelled your subscription

15.3 We also reserve the right to suspend, restrict or terminate access to the TASSIMO Home Delivery Service for any reason at any time.

15.4 These terms and conditions, and all matters relating to orders using our web site or using our Republic of Ireland Carelines shall be governed by the laws of the Republic of Ireland and the Irish courts shall have jurisdiction over any disputes.

15.5 We shall not supply you with any products or services if you are subject to sanctions within the meaning of Regulation (EC) 2580/2001 and Regulation (EC) 881/2002 (anti-terrorism regulations) or similar (particularly U.S.), as amended from time to time, imposed by the European Union or the government of the country where you are buying our products or services. By accepting these terms and conditions you warrant that you are not subject to beforementioned sanctions. If you breach this clause we may rescind or cancel your order, or rescind or terminate your subscription plan.