Terms & Conditions of CafePod
This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the Products ("Products") listed on our website www.cafepod.com (the "Website"). These Terms govern your membership with us, tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms for future reference.
1. Company Information
1.1 Who we are.
We are CafePod Ltd, a company registered in England and Wales under company number 07562551. Our registered office is Hyde Park House, 5 Manfred Road, London SW15 2RS ("CafePod", "we", "our" or "us"). Our VAT number is GB111538155.
1.2 How to contact us.
If you are a consumer, the easiest way to do this is to write to us via email at email@example.com. Alternatively you may contact us by post by writing to:
1.3 If you are emailing us or writing to us please include details of your order, account number, order reference or other information to help us to identify it.
1.4 If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 23.
1.5 How we may contact you.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.6 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
2. Creating an Account
2.1 In order to purchase any Subscription Product from our Website you must create an account with us on our website.
2.2 Purchasing any retail Product(s) from our website does not require you to create an account.
3. Use of the Website
4.1 When you purchase any coffee capsules through our subscription service, you may change your future order(s) as many or as few times as you want.
4.2 Products may vary slightly from their pictures. The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device's display of the Products is an accurate reflection of them. Your Product may vary slightly from those images.
4.3 The packaging of the Products may vary from that shown on images on the Website.
4.4 All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.
5.1 This clause 5.1 only applies if you are a consumer. You may only purchase Products from the Website if you are at least 18 years old.
5.2 Our site is only intended for use by people residing in the United Kingdom of Great Britain and Northern Ireland (Serviced Countries). We do not accept orders from individuals outside those countries.
5.3 This clause 5.3 only applies if you are a business:
5.3.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
5.3.2 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. Your right to make changes
6.1 Subscription: You can skip a delivery, change delivery address or cancel at any time through your customer account page. We do, however, ask you to set up an initial minimum delivery frequency of 40 capsules every 4 weeks, which you can change thereafter. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our right to make changes
7.1 We reserve the right to revise and amend these Terms 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.
7.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and conditions is required to be made in accordance with 5.1 (in which case it will apply to orders previously placed by you).
7.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your order or subscription service if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Placing your order with us
8.1 Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please read and check your order at each stage of the order process.
8.3 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.3.
8.4 We will confirm our acceptance to you by sending you an email ("Dispatch Confirmation") at which point a contract between you and us will be formed.
8.5 We will also assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
8.6 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, we will either:
8.6.1 Automatically substitute a Product with a similar Product of equal or greater value, taste and strength;
8.6.2 Inform you of the issue by email or telephone and ask if you like to have a substitute Product or have a refund; or
8.6.3 If we know a stock replenishment is due within 48 hours of receiving your order for any Products that are out of stock, we may hold your order back until the missing Product(s) are available to us and ship your order only then.
9. Price of Products and Delivery charges
9.1 The prices of the Products will be as quoted on the Website at the time you submit your order.
9.2 We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 9.5 for what happens in this event.
9.3 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
9.4 The price of a Product includes delivery and VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.5 It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
9.5.1 Where the Product's correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
9.5.2 If the Product's correct price is higher than the price stated on the Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
10. How to pay
10.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard, and American Express.
10.2 Payment for the Products is in advance. We will not charge your debit card or credit card until we dispatch your order.
10.3 We reserve the right to charge interest on any late payments from you at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.4 If you wish to dispute an invoice, please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
11.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
11.3 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
11.4 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 5 will apply.
12. Risk and Title
12.1 The Products will be your responsibility from the time we deliver the Products to the address you gave us on your order form.
12.2 You own the Products once we have received payment in full, including all applicable delivery charges, which will be displayed to you on our website.
13. International delivery
13.1 We do not deliver to addresses outside the UK or the Channel Islands.
13.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK or the Channel Islands.
14. When you may cancel the Contract.
14.1 This Clause 14 only applies if you are a consumer.
14.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 14.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
14.3 However, this cancellation right does not apply in the case of:
14.3.1 any used or opened Products;
14.3.2 any custom-made Products or Products made to your specification or clearly personalised;
14.3.3 Products that are not suitable for return due to health protection or hygiene. For example, if the goods become unsealed after delivery or have perished;
14.3.4 any Products which become mixed inseparably with other items after their delivery; or
14.3.5 any other category excluded by the Consumer Contracts Regulations 2013.
14.4 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order). Your deadline for cancelling then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your order is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
14.5 If a Product has been delivered to you before you decide to cancel your order:
14.5.1 then 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. Our returns address is: CafePod Coffee Co, Codestorm Ltd, Codestorm House, Walton Road, Portsmouth, PO6 1TR.
14.5.2 unless the Product is faulty or not as described (in this case, see clause 15.4), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
14.5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. How to cancel the Contract
15.1 To cancel your order, please contact us via any of the methods set out in Clause 1.2.
15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 14, you must let us know that you have decided to cancel.
15.3 If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
15.4 If you cancel your Contract we will:
15.4.1 refund you the price you paid for the Product(s). Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and/or
15.4.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
15.4.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
188.8.131.52 if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 17.3;
184.108.40.206 if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
15.5 If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
15.6 We will refund you on the credit card or debit card (or other payment method) used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
16. When we may suspend or cancel the Contract
16.1 We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements; and/or
(c) make changes to the Product as requested by you or notified by us to you.
16.2 Your rights if we suspend the supply of Products.
16.3 We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product for longer than 10 business days in any twenty-eight calendar day period we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than twenty-eight calendar days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
16.4 We may cancel the Contract at any time by writing to you if:
(a) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us; or
(b) you do not (where applicable), within a reasonable time, allow us access to your premises to supply the services.
16.5 You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 10.3 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
17. If there is a problem with the Product
17.1 If you have any questions or complaints about the Product, please contact using one of the methods mentioned in clause 1.2.
17.2 We are under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these Terms will affect your legal rights.
17.2.1 Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your Product is goods, for example [furniture or a laptop], the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
· up to 30 days: if your item is faulty, then you can get a refund.
· up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
17.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us using one of the methods in clause 1.2 for a return label or to arrange collection.
18. Our liability if you are a business
This clause 18 only applies if you are a business customer.
18.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
18.2 Nothing in these Terms limit or exclude our liability for:
18.2.1 death or personal injury caused by our negligence;
18.2.2 fraud or fraudulent misrepresentation;
18.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
18.2.4 defective Products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
18.3.1 any loss of profits, sales, business, or revenue;
18.3.2 loss or corruption of data, information or software;
18.3.3 loss of business opportunity;
18.3.4 loss of anticipated savings;
18.3.5 loss of goodwill; or
18.3.6 any indirect or consequential loss.
18.4 Subject to clause 18.2 and clause 18.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
18.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
19. Our liability if you are a consumer
This clause 19 only applies if you are a consumer.
19.1 We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.2 We do not in any way exclude or limit our liability for:
19.2.1 death or personal injury caused by our negligence;
19.2.2 fraud or fraudulent misrepresentation;
19.2.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
19.2.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
19.2.5 defective Products under the Consumer Protection Act 1987.
19.3 Subject to clause 19.2 and clause 19.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 or 200% of the price of the Products, whichever is lower.
20. Use of Voucher(s)
20.1 Except where otherwise stated, promotions for free or discounted Product(s) are available to new customers only.
20.2 Discounted and introductory offers are only available once to any one person and a maximum of one promotional voucher code can be redeemed per household, except where otherwise stated.
20.3 Subsequent attempts to use promotional vouchers or offers by the same person at any address, or by another person at the same address, are not permitted.
20.4 A voucher may only be used once and may not be copied, reproduced, distributed or published in any form without prior written approval from a member of the CaféPod team.
20.5 We reserve the right to suspend or cancel introductory offers, vouchers and other promotions at any time and without notice.
20.6 Valid debit or credit card details are required for payment to be taken.
20.7 If you are using a voucher which entitles you to multiple Product for a discount you will be charged that discounted amount up front and you will be charged the standard price per Product at the end of the promotional period.
20.8 If you are using a pre-paid CaféPod voucher you purchased on a third-party website, we will not take any payment from your card until the voucher credit has expired.
20.9 We reserve the right to reject the use of a voucher if we have reason to suspect these Terms have been breached.
21. How we use your personal information
22. Events outside our control
22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 22.2.
22.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
22.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
22.3.1 we will contact you as soon as reasonably possible to notify you; and
22.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
23.1 When we refer, in these Terms, to "in writing", this will include e-mail.
23.2 If you are a consumer you may contact us as described in clause 1.2.
23.3 If you are a business:
23.3.1 Any notice or other communication given by you to us, or by us to you, in connection with your order shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our Website.
23.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our Website, immediately.
23.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified e-mail address of the addressee.
23.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
24. Other important Terms
24.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
24.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
24.3 This Contract is between you and us. No other person shall have any rights to enforce any of its Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
24.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.6 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
24.7 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).