Coffee Membership Terms and Conditions – Breeze Valley Coffee Roasters

Coffee Membership Terms and Conditions

Please read through the document before accepting the agreement. Last updated 22 Jul 2021.

Terms and Conditions
Breeze Valley Coffee Membership (“Coffee Membership”) is made available by Breeze Valley Pty Ltd ABN 70 612 625 760 (“Breeze Valley”, “we”, “us” or “our”). By signing up to join the Coffee Membership, you agree to be bound by the Terms, and you warrant to us that you are at least 18 years of age, that you are resident in Australia, that you are legally capable of entering into binding contracts, and that you will access the Coffee Membership and its benefits for personal use only. If this is not true, or you do not agree to the Terms, you should not sign up to join the Breeze Valley Coffee Membership. Only one Coffee Membership is available per person or household.

1. Account registration
(a) You can apply for Coffee Membership by submitting the form on our website located at www.breezevalley.com.au (Site).
(b) Coffee Membership is only available to Australian residents who are at least 18 years of age and legally capable of entering into binding contracts. Coffee Membership and its benefits are for personal use only, and they must not be used in a business or for business purposes.
(c) If you create an account, you will be asked to create a password. You are responsible for all activity on your account and you must keep your password confidential and secure from any unauthorised use
(d) You must immediately notify us of any unauthorised use on your account, and you must take immediate steps to re-secure your account in the event of unauthorised access or use.
(e) You agree to provide current, complete and accurate account information, and to promptly update your information so that we can maintain and manage your Coffee Membership, and contact you as needed.

2. Signing up
(a) By signing up to Coffee Membership, you are offering to purchase an Coffee Membership in accordance with our Terms. Any sign up requests are subject to availability and any Coffee Membership is subject to our confirmation.
(b) We reserve the right, but are not obliged, to:
(i) refuse any sign up request that (in our sole discretion) appears to be placed by a dealer, a reseller or a distributor, or is otherwise not for personal use;
(ii) refuse any sign up request that (in our sole discretion) appears to be in breach of our Terms;
(iii) limit the sign ups in relation to any person, geographic region or jurisdiction; or
(iv) discontinue any part of the Coffee Membership. We can exercise these rights on a case-by-case basis. Restrictions may also be applied to sign up requests placed by or under the same customer account, the same credit card, the same credit card holder, and/or orders that use the same billing and/or shipping address.

3. Term
(a) Unless we have previously notified you that we do not accept your sign up request, for any reason, or if you have already cancelled your sign up request in accordance with these Terms, our acceptance of your sign up request and the formation of a contract between you and us occurs when the following happens:
(i) we approve your first payment of the Subscription Fee; and
(ii) we, or our payment processor, debits your account and the funds have cleared.
(b) The term of the Coffee Membership is 12 months (Term) from the date in clause
3(a). After the Term expires you can elect to sign up for a new Coffee Membership, or continue your current Coffee Membership and continue to receive the benefits in clause4(a)(ii) and 4(a)(iii).
(c) The Minimum term to cancel the Coffee Membership without further obligation is 6 months from the date in clause 3(a).

4. Inclusions
(a) During the Term, you will receive:
(i) access to a home espresso machine selected by you (Machine);
(ii) a 400g, 600g, 1000g, 1200g pack of Breeze Valley coffee beans (as applicable to the Coffee Membership category selected by you) every four (4) weeks; and
(iii) Member exclusive education contents & welcome pack, as described on our Site.
(b) There are different Coffee Membership categories, each with a slightly different cost. Each Coffee Membership category has the same inclusions, with the exception of the size of the pack of Breeze Valley coffee beans that you will receive. You can change your selected Coffee Membership category at any time on your account. If you change your subscription after a four (4)-week delivery cycle has commenced, the change will be effective from the start of the following delivery cycle.
(c) You can also choose to upgrade to add-on other products or services for additional fees.
(d) Any promotional offers and discounts offered under the Coffee Membership are as stated, and cannot be combined with other promotional offers or discounts.

5. Pricing
(a) The fee applicable to the Coffee Membership category selected by you (Subscription Fee) is shown on our Site (including GST (if any)).
(b) Your financial services provider or the payment processor may charge administration fees or other charges on the Subscription Fee, on purchases of any products from our Site, and on any refunds that we provide in accordance with these Terms. We are not responsible or liable for any such fees or charges.
(c) During the Term, your account will be charged for the Subscription Fee each week in advance.
(d) If for any reason your card issuer declines your payment for your Subscription Fee, we can suspend or terminate your access to the Coffee Membership, and you must update your selected payment method on your account or terminate your Coffee Membership in accordance with clause 15.

6. Security Deposit
(a) Breeze Valley requires you to pay a security deposit (Security Deposit) before we can arrange for the delivery of the Machine. This Security Deposit will be a security for your performance of your obligations under these Terms.
(b) If the Term of your Coffee Membership expires, we will return the Security Deposit to you (less any amounts due and owing to Breeze Valley).
(c) Our return of the Security Deposit (or any part of it) to you is not a waiver by us of any of our rights, if you have breached these Terms.

7. Delivery
(a) We will deliver:
(i) the Machine to you on receipt of the Security Deposit; and
(ii) coffee beans automatically at the frequency and quantity as set out in clause 4.
(b) If any product is not in stock at the time of delivery, we will offer you the following options:
(i) we can deliver the remaining products to you and deliver the unavailable product when it comes back into stock;
(ii) we can supply an agreed substitute product; or
(iii) we can grant you a credit equal to the cost of the unavailable product.
(c) We use third party couriers to perform our deliveries. While we aim to deliver our products to you within the estimated delivery times, we cannot guarantee that our products will be delivered within those timeframes. If your delivery has not arrived by the estimated delivery time, please contact us to discuss the next steps.
(d) You must arrange for our products to be accepted on delivery by you or an authorised person who is 18 years or older. If delivery is delayed due to your unavailability or refusal to accept our products (or if you do not accept delivery of our products within two (2) weeks of our first delivery attempt), we may:
(i) charge you for storage fees up until the date of successful delivery; or
(ii) cancel your Coffee Membership (in which case we will refund you the fees paid for our products, excluding delivery and handling fees which are non-refundable).

8. Risk and title
(a) You acknowledge and agree that:
(i) Breeze Valley will retain ownership of the Machine during the Term, and Breeze Valley may register its security interest over the Machine on the Personal Property Securities Register in accordance with the Personal Property Securities Act 2009 (Cth); and
(ii) ownership of the coffee beans will pass to you once we receive clear payment of the Subscription Fees payable for the four (4) weeks immediately preceding the delivery of the coffee beans.
(b) Risk of loss or damage to the products passes to you once they have left our warehouse.

9. Care and Maintenance of Machine
(a) You will:
(i) you must keep the Machine clean and only use it in accordance with the manufacturer's instructions;
(ii) you must ensure that the Machine is only used for personal or household use, and is not used in a business or for business purposes; and
(iii) you must keep the Machine at the address nominated in your account.
(b) We will provide standard maintenance and repairs in accordance with the Machine's manufacturer's warranty.
(c) Breeze Valley' obligations under clause 9
(b) will be reduced to the extent that any damage or failure of the Machine is caused or contributed to by:
(i) your operation or use of the Machine other than in accordance with the manufacturer's instructions;
(ii) your failure to keep the Machine clean;
(iii) accident, abuse or misuse;
(iv) modifications to or interference with the Machine that have not been authorised by us; or
(v) maintenance or repairs to the Machine that have not been performed by us.

10. Recalls
(a) In the unlikely event that any of our products are subject to a product recall, we will post a notice on our Site and will contact you (or the recipient of the product) by the most appropriate means, including by email, SMS, telephone, instant messaging or post.
(b) We will provide you with instructions regarding next steps with respect to returning the products, in accordance with our recall notice.

11. Security checks
(a) To ensure that your credit, debit or charge card is not being used without your consent, we reserve the right to validate name, address and other personal information supplied by you during the sign up process against appropriate third party databases. Breeze Valley also reserves the right to perform a credit check. By accepting these Terms, you consent to those checks being made by Breeze Valley.
(b) We may refer fraudulent, abusive, or illegal activity to the relevant authorities and/or suspend or cancel your account if we reasonably suspect that use of your account is contrary to these Terms or contrary to any law.

12. Consumer Law
(a) The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to our products and the Service which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights). Nothing in these Terms excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
(b) To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:
(i) offering you a refund for a major failure of our products; or
(ii) replacing our products where the product is not of an acceptable quality but the failure does not amount to a major failure. Replacement products will be shipped or refunds given (as applicable) once we receive the faulty product or satisfactory evidence of the faulty product. This does not apply where a problem has arisen with the product because it has been used in breach of these Terms. We do not refund delivery and handling fees, except where we deliver the wrong products to you.
(c) If you are not satisfied with the quality of our products on delivery, please contact us to discuss your options. Where applicable, we will comply with our obligations under the ACL.
(d) To the extent permitted by law, we exclude all warranties and conditions in relation to our products implied by law including those contained in the Goods Act 1958 (Vic) and the equivalent sale of goods legislation in the other states and territories of Australia.

13. Liability
(a) To the maximum extent permitted by law, and any statutory consumer guarantee contained in any applicable law, we exclude liability arising from or in connection with:
(i) direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of fraudulent credit card use; or
(ii) direct or indirect damages and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of your use of the Coffee Membership or any of our products, or any content or information made available through our Website.
(b) You agree to indemnify, defend and hold harmless Breeze Valley and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.

14. Warranties
To the maximum extent permitted by law, or any statutory consumer guarantee contained in any applicable law, our Coffee Membership is provided on an 'as is' and 'as available' basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

15. Termination
(a) You may cancel your subscription to the Coffee Membership at any time by giving Breeze Valley at least 7 days prior written notice before the next billing period with cancellation fee paid. If you decide to cancel your Coffee Membership:
(i) during the Term:
(A) we also deduct from the Security Deposit, or we may recover from you, any loss, cost or damage that we may suffer as a result of any breach of these Terms by you;
(B) The cancellation fee is calculated on a pro-rata basis depending on the Market Value of the coffee machine (V) and Remaining Days (D) of your membership. The calculation is as following: Cancellation Fee (F) = V / 365 x D.
After your cancellation will take effect, and we will stop charging you the Subscription Fee and will return the Security Deposit to you (less the amounts described above), only once you have complied with the previous paragraphs; or
(ii) after the Term, you have the option to purchase the Machine from Breeze Valley for $1.00.
(b) If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we can cancel your Coffee Membership without notice. If we cancel your Coffee Membership:
(i) at our option, you must arrange for the delivery of the Machine to our closest nominated location, clean and in good order and repair, or allow us to collect it, at your cost; and
(ii) you must pay Breeze Valley for all amounts due up to and including the date of termination;
(iii) we may deduct from the Security Deposit, or we may recover from you, the cancellation fee as described in clause 15(a), and any loss, cost or damage that we may suffer as a result of any breach of these Terms by you;
(iv) we will stop charging you the Subscription Fee, and we will return the Security Deposit to you less any amounts due and owing to Breeze Valley, once you have complied with the previous paragraphs.
(c) If your Coffee Membership is suspended for any reason, we can continue to charge you the Subscription Fee.
(d) The obligations and liabilities of the parties that arose before the termination date survive the suspension, termination or cancellation of your Coffee Membership for all purposes.

16. GST
(a) Terms defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning when used in this clause unless expressly stated otherwise.
(b) Except where these Terms specify otherwise, an amount payable by a party under these Terms in respect of a taxable supply by the other party represents the value of the supply (Supply Amount). The recipient of the supply must, in addition to the Supply Amount and at the same time, pay to the supplier the amount of GST imposed by the GST Act payable in respect of the supply. For the avoidance of doubt, the GST amount payable under this clause will be calculated by multiplying the Supply Amount by the prevailing GST rate.
(c) If at any time an adjustment is made between the supplier or any other payer of GST and the relevant taxing authority on account of GST on any supply made or other matter or thing done under or in connection with these Terms by the supplier, a corresponding adjustment must be made as between the supplier and the recipient and any payment required to give effect to the adjustment must be made. The supplier must provide to the recipient an adjustment note relating to the adjustment within 7 days.

17. Entire Agreement
(a) In the event that any provision of these Terms is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms, but that will not affect the validity and enforceability of any of the remaining provisions.
(b) If we fail or delay in the exercise or enforcement of any right or provision of these Terms, that will not amount to a waiver of that or any other right or provision.
(c) These Terms constitute the entire agreement and understanding between you and us and govern your eligibility for and access to the Coffee Membership, and supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us (including any prior versions of the Terms).
(d) Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. Governing law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

19. Changes to these Terms
(a) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms or the Coffee Membership by posting updates and changes to our website.
(b) It is your responsibility to check our website periodically for changes. Your continued membership in our Coffee Membership following the posting of any changes to these Terms constitutes acceptance of those changes.

20. Contact information
Questions about these Terms should be sent to us at reception@breezevalley.com.au, or call us on 1300 688 866 (Mon – Fri 9am – 5pm). These Terms were last updated on 21 July 2021.