Machine Subscription Terms & Conditions

ILLY iperESPRESSO MACHINE SUBSCRIPTION PLAN: 

TERMS AND CONDITIONS 

The following Terms and Conditions apply to the use of https://www.illy.my/. By using this site, you acknowledge that you have read, understood and accepted without reserve, these terms. They set out your rights and obligations and those of Cedro Sdn Bhd in relation to this website and its content and exclude our liability to you in the event of loss and damage. The placement of order for Products, accepted of delivery of Products, or payment for any Products by the Subscriber is deemed to be acceptance of these Terms.  

We reserve the right to change these Terms and Conditions and the content and products on https://www.illy.my/ without prior notice. Please ensure you check the Terms regularly. If you have any queries relating to the Terms and Conditions, please contact our Customer Service team at help@myillycaffe.com before using and/or placing an order. the supply of the Products and Services by the Company.  

The Subscriber hereby undertakes with the Company that it shall at all time observe and comply with the terms and conditions as set out below:- 

1. ONLINE SHOP TERMS 

 1.1  By agreeing to these Terms and Conditions, you warrant you are legally capable of entering into binding contracts and that the personal information which you are required to provide is accurate, current and complete in all aspects. You also warrant that you will notify us immediately of any changes to your personal information by updating your online account (https://www.illy.my/my-account/) or contacting our Customer Service team. 

 1.2 If the Subscriber cancels or alters any Subscription Plan or order with the Company, then the Company reserves the right to charge the Subscriber any associated costs. 

  1.3 Subscription fee are subject to alteration in the Company’s absolute discretion and without prior notice and all Products are offered subject to the right of the Company to withdraw them from sale. 

2. ELIGIBLE CRITERIA. 

The Subscriber must be at least 18 years old; reside in Malaysia with a valid local address; and the Subscriber is not subject to any bankruptcy/winding-up proceedings at the time of purchasing the Subscription Plan. 

3. FITNESS FOR PURPOSE 

The Subscriber assumes responsibility for the capacity and performance of the Products being sufficient and suitable for the purpose for which they are purchased. 

4. PARTICIPATING PRODUCTS 

4.1  illy Y3.3 & X7.1 iperEspresso Machine. 

 42. Notwithstanding to anything to the contrary, the Company may elect not to offer a Participating Product should it become unavailable 

5. SUBSCRIPTION PLAN 

5.1 One Subscription Plan is limited to one subscriber only.  One time sign-up fee will be changed; pricing varies depending on subscription plan.

5.2  The Subscription Plan comes with ONE (1) iperEspresso Capsules per month OR TWO (2) iperEspresso Capsule per month for X7.1 machine subscription. 

5.3 The subscription term for the participating product is minimum 12 months. 

5.4 Different price applies to any additional iperEspresso Capsules purchased.   

5.5 Subject to availability of the Products, the Subscriber may choose the following   

 Subscription Plan which is: – 

5.6  Any Monthly Subscription Fee paid during the Minimum Subscription Term are non-refundable.  

5.7 The Cancellation fee as described in section 5.5 applies if the Subscription Plan is terminated prior to the expiration of the Minimum Subscription Term.  

5.8 To cancel the Subscription Plan before or after the expiry of the Minimum Subscription Term, the notice of cancellation shall be made in writing to our Customer Service team at help@myillycaffe.com. 

5.9 If the subscriber fails to make any payment for two (2) consecutive, the Company shall entitle to terminate the Subscription Plan without prior notice. The Subscriber shall pay the outstanding balance and any charges demanded from the Company including the cancellation fees. 

6. PURCHASED METHOD 

     6.1 In order to purchase the Subscription Plan, the Subscriber must: 

i. go to the website https://www.illy.my/  

ii. Click on machine subscription page; 

iii. Choose your preferred capsule machine subscription plan 

iv. Choose on machine color and iperEspresso capsules flavour; 

v. Fill up the shipping detail; and 

vi. Checkout. 

7. SUBSCRIPTION RENEWAL  

7.1 The Subscription Plan will be automatically renewed after the expiry of 12-Month Minimum Subscription Term. The billing cycle will continue on a monthly basis until the notice of cancellation received. 

7.2 The Company reserves the right to continue payments of the initial contractual value on a monthly basis until a notification of cancellation is received.  

7.3 If the Subscriber fails to make any payment for two (2) consecutive months after the Renewal of the Subscription Term, the Company shall entitle to terminate the Subscription Plan without prior notice. The Subscriber shall pay the outstanding balance and any charges demanded from the Company including the cancellation fees.  

7.4 In the event the Subscriber wish to discontinue the Subscription Plan after the expiry of Minimum Subscription Term, no Cancellation Fee will be charged and the Subscriber is required to contact our Customer Service team at help@myillycaffe.com. 

 8. TERMS OF FEES AND PAYMENT 

8.1  The Subscription Plan begins after the Initial Monthly Subscription Fee is payable during the purchasing process of the Subscription Plan. No additional nominal charge will be charged for the selected subscription plan. 

8.2 Payments for the Monthly Subscription Fees will be automatically debited from the Subscriber’s credit card/debit card account on a fixed billing date on a monthly basis in twelve (12) consecutive months during the Minimum Subscription Term.  

8.3 The subsequent Monthly Subscription Fee will be payable on the same day of each month of the Initial Monthly Subscription was paid. The billing cycle will continue in perpetuity until the Subscriber terminates the Subscription Plan. 

8.4 Notwithstanding anything to the contrary, if the Subscriber fails to make any payment for two (2) consecutive months during the Minimum Subscription Term, the Company shall entitle to terminate the Subscription Plan without prior notice. The Subscriber shall pay the outstanding balance and the appropriate Cancellation Fee as set out above in section 5.5.  

9. DELIVERY  

9.1 There are no delivery charges within Peninsular Malaysia. The Company will notify by way of email when the Products are to be dispatched to the Subscriber.  

9.2 Subject to availability and receipt of cleared funds, the Company endeavors to effect delivery of the Products within fourteen (14) working days from receipt of an order but failure to do so shall not confer any right of cancellation or refusal of delivery on the Subscriber or render the Company liable for any loss or damage directly or indirectly sustained by the Subscriber as a result thereof. 

10. PROPERTY RISK AND TITLE IN THE GOODS 

10.1 The risk in the Products shall pass to the Subscriber upon delivery to the Subscriber or its agent or to a transport company nominated by the Subscriber.  

10.2 The Company’s delivery obligation is discharged on arrival of the Products at the Subscriber‘s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. The Subscriber shall unload the Products upon delivery, provided that if the Subscriber is unable or unwilling to accept physical delivery of the Products, the Company shall be entitled to charge a fee for any delay experienced or for the storage of the Products at the risk and cost of the Subscriber. The Company may, at its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these Terms & Conditions. 

10.3 If the Subscriber wish to have the Products delivered by means other than the Company’s usual means, such delivery may be arranged at the request of the Subscriber subject to the acceptance of the Company. The cost of such delivery shall be borne by the Subscriber and the delivery charges will be detailed separately on the sales invoice. The Company is entitled to charge a fee for delivery. 

11. DEFAULT 

11.1 The Subscriber will be in default if; 

i. the Subscriber breaches these terms and condition or any other agreement with the Company for the supply of Products; 

ii. payment for the Products has not been received by the Company by the due date of payment; 

iii. Except as provided in these Terms and Conditions, the Subscriber has caused damage to the Products during the Minimum Subscription Term 

iv. the Products are sold by the Subscriber during the Minimum Subscription Term; 

v. the Subscriber, being an individual, commits an act of bankruptcy or becomes insolvent; 

vi. the Subscriber being a body corporate ceases to carry on its business or becomes insolvent or an order is made, or a resolution passed for its winding up, whether voluntary or otherwise or if a receiver, receiver and manager, or administrator is appointed to the whole, or any part of its assets or; 

vii. the Company determines the Subscriber‘s credit worthiness or its credit standing alters adversely. 

11.2 If the Subscriber defaults, the Company may; 

i. treat the agreement with the Subscriber as repudiated and sue for breach of contract or other remedies available to the Company; 

ii. refuse to supply any Products to the Subscriber; 

iii. claim the return of any Products in the Subscriber‘s possession where title has not passed to a consumer; 

iv. impose late payment charges/interest against the Subscriber;  

v. to the extent permitted by law, do all things necessary to recover the Products; 

vi. without notice to the Subscriber withdraw or vary any credit the Company may have provided to the Subscriber; or 

vii. without notice to the Subscriber, make all monies owing to the Company on any account immediately due & payable.  

12. WARRANTY 

12.1 The Company warrant each machine to be free from defects in material and workmanship under normal use and service. This warranty is valid within ONE (1) YEAR from the purchase date of the Subscription Plan. This Warranty applies only to purchases made in Malaysia and only covers genuine illycafé branded products.   

12.2 This warranty does not cover defects or damage of the machine, which the damage is deemed to be caused by the Subscriber’s failure to abide the manual instruction, or the damage is deemed to be caused by abuse, misuse, negligence or accidents, unauthorized repair or alterations to the Products outside our factory or authorized service centers, operating the Products outside the voltage range and/or force majeure such as floods, typhoons, fires or earthquakes. 

12.3 The cost or charges of any repair or replacement made to the Product shall be borne by the Subscriber upon the expiration of the Warranty Period and subject to section 13.2. 

12.4 This Warranty is only valid in Malaysia and is subject to the laws of Malaysia. 

13. INDEMNITY AND LIMITATION OF LIABILITY 

13.1 The Subscriber indemnifies and must keep the Products indemnified according to its manual direction and against all reasonable damages, losses, cost and expenses suffered by the Company arising out of any breach by the Subscriber or its agent of these terms and conditions. 

13.2 To the extent permitted by law, the Company shall not be liable to the Subscriber for any injury, harm, loss, damage, costs, expense or other claim including economic loss or loss of profits however arising from the supply of the Products or arising from any breach, default or negligence of the Company in connection with the supply of the Products. 

13.3 If the Subscriber is entitled to the benefit of any implied terms which cannot be excluded, the Company’s liability shall be limited, at its option and sole discretion, in the case of a supply of Products to: 

i. the replacement of the Product or the supply of an equivalent or similar Product; 

ii. the payment of the costs of replacing the Products or acquiring the relevant Products; 

iii. the payment of the costs of having the Products repaired; 

iv. the repair of the Products; 

v. in the case of services, the resupply of the services; or 

vi. the payment of the cost of having the services performed again. 

14. TAMPERING 

Notwithstanding to anything contrary, the Company reserves the right to terminate the Subscription Plan if any individual tampers with the subscription process. Tampering includes but is not limited to the utilization of techniques designed to avoid payment of the fees owing under this subscription. 

15. USE WITH OTHER OFFERS 

This Subscription Plan cannot be used in conjunction with any other illycafé promotion, offer, privileges or discount. At any one time the Subscriber may only subscribe to one Subscription Plan. 

16. 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. 

17. 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. 

18. AMENDMENT 

These Terms & Conditions may be amended by the Company at any time and in its absolute discretion. 

19. GENERAL 

19.1 The Subscriber shall at all times read and understood these terms and conditions and the manual instructions provided on regular basis. 

19.2 The Subscriber shall pay the Company all costs and expenses incurred by the Company in connection with these terms including legal expenses (on a solicitor-client basis), and costs incurred in the recovery of monies owing by the Subscriber to the Company or in otherwise enforcing the Company’s rights against the Subscriber under these terms and conditions. 

20. GOVERNING LAW 

These terms are governed by the law of Malaysia.