Free Chocolate
Conditions of Use Conditions of Use

Definitions
You the Customer: a person or company buying or using Direct Coffee Pods Products
Consumer: a private person buying Products for private use
Direct Coffee Pods (us, our): the Product vendor as identified on your invoice
Order Confirmation: acknowledgement of Product ordered by you, sent by Direct Coffee Pods
Price: stated in Order Confirmation
Product: as described in Order Confirmation, may include 3rd Party Products
Service Offering: as described in Order Confirmation and Direct Coffee Pods service description document
3rd Party Products: stated in Order Confirmation, not branded by Direct Coffee Pods


Application
This Agreement applies to this sale, service and all statements made by Direct Coffee Pods in brochures, price lists, adverts, quotations, on the internet or verbally. Variations to this Agreement must be made by Direct Coffee Pods in writing. Any other Terms, Conditions or Purchase Orders are excluded. Placing your order means acceptance of this Agreement. Direct Coffee Pods may change this Agreement at its choosing.
Orders/Contract
Orders are accepted by writing, internet, telephone or fax but are only binding when accepted by Direct Coffee Pods and Direct Coffee Pods sends out the Order Confirmation in writing. Please check the Order Confirmation and notify Direct Coffee Pods of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement.


Price & Payment Terms
Quotations are only valid in writing and during the period that they state. If not stated, the period is 30 days (10 days for 3rd Party Products). Direct Coffee Pods reserves the right to change Products (incl. 3rd Party Products) at any time but Direct Coffee Pods guarantees you at least equivalent functionality and performance.
Prices quoted on this site INCLUDE V.A.T. at the prevailing rate.
Prices do however exclude shipment and insurance. Exchange rates, duties, insurance, freight and purchase costs may cause Direct Coffee Pods to adjust prices. Payment will be made before supply or service or, if agreed, within 30 days of the invoice date. Direct Coffee Pods may suspend deliveries or service until full payment. If payment is late, 2% above the minimum lending rate on the late amount and the costs of recovery shall be payable by you. Cheques may only be accepted conditionally.


Delivery/Title/Risk
The delivery period in the Order Confirmation is approximate. Delivery by instalments may be made. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Direct Coffee Pods may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Direct Coffee Pods's agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Direct Coffee Pods may sue for the Price before title passes. If you refuse delivery without Direct Coffee Pods's agreement, you must pay Direct Coffee Pods's expenses or loss resulting from that refusal, including storage costs, until you accept delivery.


Acceptance
When you receive Product you must inspect it promptly and within any statutory reasonable period for inspection or rejection, if any. After this period, you will have accepted Product. If Direct Coffee Pods agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.


Distance Selling Regulations
If you've received goods and have simply changed your mind about purchasing them, you may return the goods to us for full credit, without a re-stocking fee, subject to the following conditions:
• The item(s) is in stock condition i.e. as it was when it was delivered to you.
• You inform us of your desire to cancel within seven working days of receipt of the product(s).
• You can contact us via email (our preferred method of communication), fax or by post to tell us this.
• The goods are not made to the consumer's specification or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
• You pay all delivery charges.
• Goods are returned as soon as possible in order that your credit can be actioned within 30 days.
• Goods are returned in a re-saleable condition and in their original packaging.
If goods are refused by Direct Coffee Pods because the above criteria is not met, we'll return them to the customer and also charge the customer's credit card for the value of the carriage.

N.B. The actual cost of carriage to us is £6.50 + VAT. When you make a purchase from us we subsidise this so you only pay £4.99. In the event that you choose to return goods to us, we will refund to you the price you paid for the goods less the ACTUAL cost of the carriage.


Warranty
Direct Coffee Pods guarantees to you that Products (excl. 3rd Party Products) will be fresh and free from defects. Should Product be defective, Direct Coffee Pods will replace Product within a reasonable time. You must allow Direct Coffee Pods to examine Product at your or Direct Coffee Pods's premises (at our choosing). Direct Coffee Pods owns any replaced Product. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances.

Direct Coffee Pods does not give a warranty or guarantee protection for:
• damage caused by incorrect use or modifications by any unauthorised 3rd party or yourself;
• damage caused by any party or other external force;
• fitness for any particular purpose;
• 3rd Party Products specified by you. You will receive the warranty for these products directly from their manufacturer or licensor;
• any instruction given by you and correctly performed by Direct Coffee Pods.


Services

Services will be provided by Direct Coffee Pods and response times are estimates and may vary according to the remoteness or accessibility of Product location. Service may be provided via telephone or internet where appropriate.

Force Majeure
Direct Coffee Pods is not liable for delays in performance (incl. delivery or service) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.

Confidentiality
Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.

Termination
Direct Coffee Pods may terminate this Agreement with written notice if you: 1) fail to pay on time and within 14 days of written notice, 2) breach or Direct Coffee Pods suspects you have breached export control laws. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.

Your obligations as a Customer
You are responsible for:
• your own choice of Product and its suitability for purpose;
• your telephone & postal charges in contacting Direct Coffee Pods, if any;
• any CFI specifications & instructions given by you;
 

You must provide Direct Coffee Pods with all reasonable courtesy, information, cooperation, facilities and access to enable Direct Coffee Pods to perform duties, failing which Direct Coffee Pods shall not be obliged to perform any service or assistance. You are responsible for the removal of non Direct Coffee Pods-supplied products during service, the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.

Data Protection
Your data will be held and/or transferred in strict accordance with the applicable data protection laws and Direct Coffee Pods's data protection registration and you consent to this. You may instruct Direct Coffee Pods not to use your data for direct marketing purposes.

Consumer Rights
If you are a Consumer you may cancel your purchase at any time within 7 days of receipt and receive a refund of the Price paid. To do this you must inform Direct Coffee Pods in writing and return the products immediately, in the same condition you received them and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement.

Returns Policy
Please note that because Direct Coffee Pods International website service is fully automated, we do not have a customer service telephone desk. Customer service enquiries will be handled via email only.

If your goods arrive faulty or damaged, or a fault becomes apparent in the first 21 days after delivery, we will either provide a full refund or dispatch new goods as soon as possible after the faulty goods have been returned.

In the event that you need to return goods to us, We may at our discretion, reimburse you for the cost of sending the goods back to us, up to a maximum of £11.20 + VAT which is the cost for us to collect from you.

If the goods are not faulty you have 7 days from the day after the goods arrive to cancel the order and return the goods for a refund. A refund will be provided within 30 days.

If any returned goods are not faulty or the goods contain software that has been opened a 25% restocking fee will apply.

To obtain an RMA - returns number, follow these easy steps;
1. Raise a returns ticket here.
2. Ensure you give a clear reason why you are requesting this return.
3. When you're done, press the continue button and your returns request will be automatically sent to our customer services team, who will deal with it within our standard response times.
4. When your returns request has been assessed you'll receive an email updating you of the outcome – i.e. an RMA returns number, or whether you need to provide further information etc.
5. Once you've been issued your RMA number, it will be valid for a period of 14 days. You must then ensure that your product(s) are returned within this timeframe, otherwise the RMA number becomes invalid and your product(s) cannot be accepted.


Goods must be returned before a refund can be issued

There are two reasons that we ask for a product that's been incorrectly shipped by Direct Coffee Pods to be returned before we can send out a new one. The first is that we only ship subsequent to having received cleared funds and not on a credit terms. If you desperately need an advance replacement, i.e. you need the goods now, and want to sort the original item 'later' then you can do this by paying a second time on your credit/debit card. The refund will then be made when the first item is received by Direct Coffee Pods. Please note that if you've received the wrong item and believe it to be our error then we may have to physically check stock to avoid further problems being encountered.

Refund Policy
Our policy is that if anything is wrong with any product you receive, immediately on delivery, we'll always cancel the sale and refund it, if that's what you want of course. Note that the refund will only be actioned once the products are back in Direct Coffee Pods possession.

Jurisdiction
English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.

Miscellaneous
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Direct Coffee Pods may subcontract its obligations to a competent third party.

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