Terms & Conditions

Background

This agreement is between you, the User of this Website and Espresso Gear AB, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a despatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Carrier" means any third party responsible for transporting purchased Goods from our Premises to customers;

"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Goods" means any products that Espresso Gear AB advertises and / or makes available for sale through this Website;

"Payment Information" means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises" Means our place(s) of business located at Uggledalsvägen 13, 42740 Billdal, Sweden. "Purchase Information" means collectively any orders, invoices, despatch notes, receipts or similar that may be in hard copy or electronic form;

"Service" means collectively any online facilities, tools, services or information that Espresso Gear AB makes available through the Website either now or in the future;

"Espresso Gear" means Espresso Gear AB, Uggledalsvägen, 42740 Billdal, Sweden.

"System" means any online communications infrastructure that Espresso Gear AB makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users" means any third party that accesses the Website and is not employed by Espresso Gear AB and acting in the course of their employment; and

"Website" means the website that you are currently using (www.espressogear.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers buying Goods in the course of business.

4. International Customers

If Goods are being ordered from outside Espresso Gear's country of residence, import duties and taxes may be incurred once your Goods reach their destination. Espresso Gear AB is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Espresso Gear AB cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5. Intellectual Property

5.1. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Espresso Gear AB, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Espresso Gear AB.

6. Third Party Intellectual Property

6.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Espresso Gear AB or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.espressogear.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Espresso Gear AB  To find out more please contact us by email at sales@espressogear.com

10. Use of Communications Facilities

10.1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

10.1.1. You must not use obscene or vulgar language;

10.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3. You must not submit Content that is intended to promote or incite violence;

10.1.4. It is advised that submissions are made using the Espresso Gear AB language(s) as we may be unable to respond to enquiries submitted in any other languages;

10.1.5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6. You must not impersonate other people, particularly employees and representatives of Espresso Gear AB or our affiliates; and

10.1.7. You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".

10.2 You acknowledge that Espresso Gear AB reserves the right to monitor any and all communications made to us or using our System.

10.3 You acknowledge that Espresso Gear AB may retain copies of any and all communications made to us or using our System.

10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

11. Accounts

11.1. In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

11.1.1. All information you submit is accurate and truthful;

11.1.2. You have permission to submit Payment Information where permission may be required; and

11.1.3. You will keep this information accurate and up-to-date.

11.1.4. Your creation of an Account is further affirmation of your representation and warranty.

11.2. It is recommended that you do not share your Account details, particularly your username and password. Espresso Gear AB accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Espresso Gear AB immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are despatched. In the event that an unauthorised purchase is despatched prior to your notifying us of the unauthorised nature of the purchase, Espresso Gear AB accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4. When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

12. Termination and Cancellation

12.1. Either Espresso Gear AB or you may terminate your Account. If Espresso Gear AB erminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2. If Espresso Gear AB terminates your Account, any current or pending purchases on your Account will be cancelled and will not be despatched.

12.3. Espresso Gear AB reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and despatch.

12.4. If purchases are cancelled for any reason prior to despatch you will be refunded any monies paid in relation to those purchases.

12.5. If you terminate your Account any non-despatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

12.6. Your right to cancel can be exercised in writing or via email.

13. Goods, Pricing and Availability

13.1. Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Espresso Gear AB correspond to the actual Goods, Espresso Gear AB is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.

13.2. Where appropriate, you may be required to select the required size, model, colour, type or number of the Goods that you are purchasing.

13.3. Espresso Gear AB does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the website.

13.4. All pricing information on the Website is correct at the time of going online. Espresso Gear AB reserves the right to change prices and alter or remove any special offers from time to time and as necessary. Pricing information is reviewed and updated daily.

13.5.In the event that prices are changed during the period between an order being placed for Goods and Espresso Gear AB processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

14. Delivery

14.1. Espresso Gear AB will notify you by way of email when your goods are to be despatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.2. If Espresso Gear AB receives no communication from you within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

14.3 Next Day Delivery is based on couriers terms which means its not a guaranteed next day service. Factors such as weather, high volume can all lead to delays in delivery. Delivery will occur at the very earliest possibility.

15. Returns Policy

Espresso Gear AB aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods supplied by us may need to be returned and such returns are governed by these Terms and Conditions. As a consumer, you will always have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 15. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

15.1. The Goods we supply to you come with a manufacturer's guarantee (for details, please refer to the manufacturer's guarantee provided with the Goods). If any Goods we supply to you develop faults within their guarantee period you are entitled to a repair or replacement of such Goods under the terms of that guarantee.

15.2. The manufacturer's guarantee described in clause 15.1 above and the returns policy set out in clause 15.8 below are in addition to your legal rights in relation to Goods that you have purchased from us that are faulty or not as described.

15.3. If you receive Goods that you have purchased from us which do not match those that you ordered and you do not wish to accept those Goods, we will subject to clause 15.5 either replace those Goods with those ordered (if available) or refund to you the price that you paid for those Goods through the payment method used by you when purchasing those Goods.

15.4. If any Goods you have purchased from us are faulty and you do not wish to accept those Goods, we will subject to clause 15.5 and 15.6 either repair those defective Goods, replace them (if replacements are available), or otherwise refund to you the price that you paid for those defective Goods through the payment method used by you when purchasing those Goods.

15.5. Any replacement or refund of Goods under either clauses 15.3 or 15.4 are subject to you:

15.5.1. informing us promptly on discovery that the relevant Goods are mis-described or faulty;

15.5.2. giving us reasonable opportunity to examine those Goods; and

15.5.3. returning those Goods and all packaging and documentation supplied with them to us at our expense or otherwise allowing us to collect those Goods from you.

15.6.We will not be liable for any fault in any Goods to the extent permitted by law where that fault is the result of:

15.6.1. fair wear and tear arising from the use of the Goods or wilful damage to the Goods after delivery of them to you or for any damage caused by your negligence;

15.6.2. your failure to comply with our or the Goods' manufacturer's reasonable instructions supplied or included with the Goods as to storage, installation, commissioning, use or maintenance; or

15.6.3. you repairing or altering the Goods without our prior written consent, or if you use those Goods having notified us of the fault in them.

15.7. It is your responsibility to check that the Goods that you receive from us are:

15.7.1. the item(s) that you ordered; and

15.7.2. that there is no obvious fault with the Goods,
and, as such, we are not responsible for any costs incurred by you in respect of any fitment or incorporation of any Goods into anything after delivery of them to you should you fail to fulfil your obligations under this clause in respect of those Goods. However, nothing in this clause

15.7 shall limit your legal rights in relation to Goods we have provided to you that are faulty or mis-described.

15.8. In addition to your rights under clauses 5.1, 5.3 and 5.4 and other than in circumstances set out in clause 15.9, if you are unhappy with any Goods that you have purchased from us for any reason or you change your mind, you may return them to us at your own cost within 365 calendar days of delivery of them to you. We will then refund to you the price you paid for those Goods or, if you request, offer to exchange those Goods.

15.9. We reserve the right to exercise discretion with respect to any return of Goods pursuant to clause 15.8 and may refuse to accept returns under that clause or, if we elect, reduce the price that we refund to you under that clause where:

15.9.1. the Goods have been damaged or become worn after delivery of them to you;

15.9.2. have incorporated or fitted the Goods into any other item;

15.9.3. those Goods consist of audio or video recordings or computer software supplied in sealed packaging and the packaging for those Goods have been opened on or after delivery of them to you;

15.9.4. those Goods have been purchased at a discounted price to take into account any damage to, or lack of quality of, those Goods;

15.9.5. you have used those Goods for business or commercial purposes without our prior written consent;

15.9.6. you make alterations or repairs to those Goods without our written consent; or

15.9.7. we believe that you are trying to abuse our system for returning Goods, although nothing in this clause shall limit your legal rights in relation to any Goods provided to you that are faulty or not as described.

15.10. Where the return of Goods by you is made under clause 15.8:

15.10.1. we reserve the right to charge you the costs incurred by us in relation to the delivery of the Goods to you and return of those Goods to us; and

15.10.2. and the Goods were purchased by you using finance, we reserve the right to either:

15.10.2.1. charge the costs incurred by us in respect of the arrangement and administration of that finance. These costs will vary depending on the amount and length of the finance arrangement; or

15.10.2.2. instead of issuing a refund, issue you with a store credit for the value of the Goods being returned, such credit to be used within 12 months of this credit being issued to you.

15.11. We only supply Goods for domestic and private use. You agree not to use any Goods we provide to you for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.12. If you wish to return any Goods to us for any reason please contact us sales@espressogear.com to make the appropriate arrangements.

15.13. You may cancel any order made with us for Goods at any time in writing to us up to the end of the seventh business day from the day after the relevant Goods have been delivered to you. However, this right to cancel your order does not apply to Goods which are:

15.13.1. made-to-measure or custom-made or otherwise made to your specification or clearly personalised;

15.14. Following cancelling an order under clause 15.13, we shall reimburse you any sums that you paid for the Goods in question as soon as possible and, in any case, within 30 calendar days of the day on which you gave us written notice of cancellation, less our reasonable costs of recovering the Goods if you fail to pay the costs of returning those Goods to us and subject to you taking reasonable care of the Goods until they are returned to us. If you cancel an order for Goods which we have already processed for delivery, you must not unpack the goods when they are received by you.

15.15. If you have cancelled your order under clause 15.13 and the Goods were delivered to you:

15.15.1. you must return the relevant Goods to us as soon as reasonably practicable. If the Goods require collection, we will collect them from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

15.15.2. you will be responsible for the cost of returning the Goods to us or, where relevant, the cost of us collecting the Goods from you; and

15.15.3. you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods until returned to or collected by us.

15.16.Details of your legal right to cancel and an explanation of how to exercise it are provided in the Despatch Confirmation.

16. Privacy

16.1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

16.2. The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy www.. By accepting these terms and conditions, you are giving consent to Espresso Gear AB to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

16.3. If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser's help menu.

17. Disclaimers

17.1. Espresso Gear AB makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4. Whilst Espresso Gear AB uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

18. Changes to the Service and these Terms and Conditions

Espresso Gear AB reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Espresso Gear AB is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

19.1. The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2. Espresso Gear AB  accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

20.1. To the maximum extent permitted by law, Espresso Gear AB accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

20.2. Nothing in these Terms and Conditions excludes or restricts Espresso Gear AB's liability for death or personal injury resulting from any negligence or fraud on the part of Espresso Gear AB

20.3. Nothing in these Terms and Conditions excludes or restricts Espresso Gear AB's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

20.4. The buyer accepts that Goods adapted or modified by the purchaser shall no longer be warranted by the manufacturer nor shall Espresso Gear AB be liable for any failures as a result of such modification.

20.5. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection without the replacement of goods until such an inspection is complete. The purchaser also accepts that where goods have been incorrectly supplied or are alleged to be defective, the seller takes no responsibility for any consequential losses incurred.

20.6. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Espresso Gear AB.

24. Communications

24.1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to sales@espressogear.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2. Espresso Gear AB may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link in any email which you receive from us.