NESCAFÉ® BARISTA CLUB SUBSCRIPTION TERMS

PURCHASE CONTRACT

  • NESCAFÉ® BARISTA CLUB Website is operated by aCommerce Co., Ltd - https://www.goldbaristaclub.com/en/
  • By registering or placing an order with us online you agree to be bound by these terms and conditions ("Conditions") which shall apply to all items advertised on our Website. Please read these Conditions carefully. You should print a copy of these Conditions for future reference. If you do not accept them, you will not be able to order item/s from the Website.
  • By placing an order through the Website you warrant and represent that you are legally capable of entering into binding agreements and you are at least 18 years old.
  • An order placed by you is an offer and is only binding on us when we accept it. We will confirm such acceptance (if any) by sending you an email that we have received confirmation of your order, at which point a contract between us will be formed.
  • Bulk orders from the trade or consumer groups will not be accepted.
  • METHOD OF PAYMENT
  • Payments may be made by credit or debit cards: Visa and Mastercard and cash on delivery.
  • We will not dispatch your order until we have received cleared funds or information from your account.
  • We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
  • STANDARD DELIVERY
  • Orders will be delivered in 2-7 working days from day order placed.
  • Orders placed at the weekend or after 6pm will be processed on the next working day.
  • Orders over the seasonal period may take longer.
  • Machine Location (Machine Package only)
  • Each customer who signs up for premium subscription plan (the “Subscriber”) shall not move the Machine to a different location.
  • Risk and Ownership (Machine Package only)
  • The risk in the Machine will pass to the Subscriber on completion of delivery.
  • Nestlé owns the Machine at all times. The Subscriber shall not sell, assign, sublet, pledge, mortgage, charge, encumber or part with possession of or otherwise dispose of the Machine.
  • Usage and Care (Machine Package only)
  • The Subscriber is responsible for the safe-keeping and proper use of the Machine, in accordance with the instruction manual provided. The Subscriber shall take precaution to prevent the Machine from being damaged, lost, stolen or interfered during the placement period, and the Subscriber shall be liable for any such damage, loss, theft or interference of the Machine.
  • Maintenance and Repair (Machine Package only)
  • If the Machine breaks down or malfunctions due to fair wear and tear in the ordinary course of usage, the Subscriber shall immediately inform operator through call centre number 02- 106-8249. Operator shall then arrange for the repair or exchange of the Machine, at no cost to the Subscriber. For all other causes of break down or malfunction (for example improper or unauthorized use, the Subscriber’s repair of the Machine without the written consent of Nestlé, negligence, accident, fire, theft or vandalism), Nestlé is not required to repair or exchange of the Machine meaning that the subscriber will need to pay for service and maintenance cost by their own. The Subscriber shall descale the Machine regularly in accordance with the recommendations and instructions in the instruction manual and use only recommended descaling products as stated in the instruction manual. Consumer technical assistance can be reached through the Number 02-106- 8249 (Monday to Sunday from 0900hrs to 1800hrs).
  • NESCAFE Gold Barista Machine Subscription (Machine Package only)
  • The Subscriber shall operate the Machine only with NESCAFÉ Gold coffee and shall only purchase it directly via web subscription plan as stated in the form. Nestlé may repossess the Machine at any time if the monthly subscription fees are not received by Acommerce.
  • DEFECTIVE GOODS OR INCOMPLETE OR INCORRECT ORDERS
  • You must inspect the goods and notify us within 14 days of delivery by phoning our Consumer Services team, if for any reason you are unsatisfied. If the item you purchase is faulty we may offer a repair, exchange or refund as appropriate in accordance with your legal rights.
  • AMENDMENT OF ORDERS & CANCELLATION RIGHTS
  • You may cancel your order at any time from the date of the order up until the date that is 14 working days from receipt of the item/s by calling our Consumer Services team on 02-106-8249
  • If you cancel your order before you have received the item/s, you are entitled to refuse to accept delivery of the item/s and we will send a cheque or refund to your account with a full refund within 14 days of your refusal to accept delivery of the item/s.
  • If you cancel your order of the item/s after you have received it/them you must return the item/s to us in an undamaged and unused condition at your expense within 14 days from informing us of your cancellation.
  • Within 14 days of receipt of your item/s, we will send a cheque or refund to your account with a full refund including delivery costs. This provision does not affect your statutory rights.
  • For the Machine package
    • If you stop subscribe package, barista master will collect back the machine no more than 3 months later.
    • Minimum coffee plan is 1 year, therefore, if you would like to cancel within 1st year of subscription, there will be cancellation fee charged to your card or you can make a payment by cash deposit and barista master will collect back the machine, no more than 3 months after. The Fee collection will be responsible by Acommerce team, you will be notified by Acommerce call centre agent.
  • cancelation fee:
    PackageCancellation within 1st year
    Machine Package (Premium) 3,190 THB
    Coffee Package (Starter) -
  • SUSPEND THE NEXT RECURRING DELIVERY
  • You have subscribed period minimum 6 months
  • You can suspend 1 time / subscription per year only
  • Limitation and Exclusion of Liability
  • The coffee is sold by Nestlé to the Subscriber on a “as it is” basis. To the extent permitted by law, Nestlé makes no warranties relating to fitness for purpose, satisfactory quality, and any other warranties of any kind.
  • Nestlé will not be liable for any delay in delivery of the Machine that is caused by an event that is beyond Nestlé’s reasonable control or the Subscriber's failure to provide Nestlé with adequate delivery instructions.
  • Nothing in these subscription terms (the “Terms”) will limit or exclude Nestlé's liability for death or personal injury caused by its negligence, and for fraud or fraudulent misrepresentation. Subject to the foregoing:
  • Nestlé will under no circumstances whatsoever be liable to the Subscriber, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the subscription and these Terms; and
  • Nestlé’s total liability to the Subscriber in respect of all other losses arising under or in connection with the subscription and these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Machine.
  • Duration
  • These Terms are valid as long as the Subscriber continues and pays for the bi-monthly NESCAFÉ subscription.
  • Termination without Cause
  • Nestlé may terminate the subscription and these Terms at any time by giving the Subscriber no less Termination with Cause
  • Nestlé may without liability terminate the subscription and these Terms immediately if the Subscriber commits a breach of any of its obligations in these Terms (including any payment obligations or failure to continue the subscription).
  • Effect of Termination
  • Upon termination, the Subscriber shall return the Machine to Nestlé in a good working condition. No later than 30 days from the expiry or termination of his subscription plan, the Subscriber shall return the Machine, at his own expense, to Nestlé. If the terminator occurs within 1st year of subscription, Subscriber will have to pay for cancellation fee for 3,190 baht.

The Company reserves the right to change, amend, modify, suspend, continue or terminate all or any part of the Subscription Package either in an individual case or in general, at any time without notice.