Cafesti Coffee Ltd. (“Cafesti”, “we”, “us” or “our”) welcomes you to Cafesti Coffee subscription services for certain coffee equipment and products. These general terms and conditions (the “Terms”), together with the information set out on your order form (the “Order Form”), govern your use of your subscription for Cafesti products (collectively, the "Agreement”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDESRTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS BY DOING ANY OF THE FOLLOWING:
- By submitting the completed Order Form.
- Receiving any of the Products (as defined herein).
- Clicking “I agree with the terms and conditions”.
1.Overview of the Services.
Following the submission of an Order Form, and subject to these Terms, you will subscribe for the coffee products (the “Products”) which will be delivered to you in such frequency as identified in the Order Form (the “Subscription Service”). As part of your Subscription Service, a coffee machine as described on the Order Form (the “Equipment”), will be delivered with your initial delivery of the Products at no extra cost.
Cafesti reserves the right to reject your Order Form for any reason.
2. User Eligibility and Registration.
2.1 Eligibility. Subscription Services are only available in Canada. You must be at least 18 years old or the age of majority in your province or territory of residence, to subscribe for the Subscription Service. Individuals under the age of 13 are not eligible and are not permitted to provide personal information to Cafesti. You may not use our Products for any illegal or unauthorized purpose nor may you, in use of the Subscription Service, violate any laws in your jurisdiction.
2.2 Order Form Information. When submitting the Order Form, you must provide accurate, current and complete information during the registration process and keep your information up-to-date. In particular, you are responsible for notifying us of a change in mailing address to receive delivery of your Products.
2.3 Electronic Form/Communications. By subscribing for the Subscription Service, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Cafesti website (www.cafesti.ca). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing, including renewal notices and notices about your Subscription Service or account.
3. Subscription Services.
3.1 Recurring Payments. Your Subscription Service includes an ongoing/recurring payment plan for a period as described in the Order Form. You may alternatively pay for a year supply with a one time payment as determined by the Order Form, which will not be subject to any ongoing/recurring payment plan.
3.2 Equipment and Warranty.
(a) You agree that the operation of the Equipment is at your own risk.
(b) The Equipment is subject to the Return Policy at
(c) Until the earlier of the completion of your Subscription Services
or a Buy-Out, the Equipment remains the property of Cafesti and
you will have no interest in the Equipment other than the right to
use it during the term of your Subscription Services. You will not
transfer or sublet the Equipment to anyone without our prior written
(d) Cafesti offers a one (1) year limited warranty from the date of the
delivery of the Equipment that the Equipment will be operational as
intended (the “Limited Warranty”). Cafesti is not the manufacturer
of the Equipment and is not making any warranty or guarantee in
respect of it, the supplier or the manufacturer of the Equipment,
except as provided in this Section 3.2(d). The Limited Warranty is
subject to the following limitations and exclusions:
(i) Excludes any Products.
(ii) The Limited Warranty will automatically terminate if the Equipment:
(1) is not operated in accordance with the supplied manual –
Click here to download manual
(2) is misused or damaged;
(3) altered or repaired in any manner not authorized by Cafesti; or
(4) not maintained in accordance with recommend practices and
instructions as set out in the supplied manual.
(e) You agree to provide Cafesti reasonable information with respect
to, or access to, Equipment to investigate or verify any warranty
(f) If at any time prior to the applicable warranty period there is a valid
warranty claim, Cafesti, at our option, may either (i) repair the
Equipment, or (ii) furnish you with a replacement at no charge.
Repairs or replacement Equipment provided under the warranty are
warranted only for the remainder of the original warranty period.
3.3 Products. Certain products or services may have limited quantities
and are subject to return or exchange only according to these Terms. We have made every effort to display as accurately as possible the colors and images of the Products and Equipment. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time.
3.4 Cancellation and Returns.
(a) You may cancel your Subscription Service within seven (7) days from your initial delivery of the Equipment and Product by sending an email to firstname.lastname@example.org or by calling 1.877.522.3378.
(b) If you cancel your Subscription Service in accordance with Section 3.4(a), you must either: (i) return the Equipment to Cafesti at 80 John Street, Toronto ON M5V 3X4 (or at an agreed alternative Cafesti office) within fourteen (14) days of cancellation, or (ii) pay a one time pro-rated fee to buy out the Equipment as determined by Cafesti (a “Buy-Out”). If the Equipment is returned, the Equipment must be in a like-new condition. All costs associated with the return of the Equipment in connection with a cancellation under this Section 3.4 shall be at your sole cost and expense. If there is a Buy-Out, you accept the Equipment on an “as-is” condition, subject to the balance of any remaining limited warranty as provided herein.
(a) Products are non-returnable.
3.5 Change of Delivery.
If you would like to change your delivery schedule for Products, please email email@example.com or call 1.877.522.3378. Any changes to the delivery schedule will not affect the recurring payments.
3.6 Personal Use.
Your Subscription Service and use of the Equipment is for personal use only. Resale of Product or other commercial purposes are prohibited without prior written approval. You may not assign your Subscription Service.
4. Fees and Payment.
4.1 Fees. The fees for your Subscription Service are set out in the Order Form. Fees are exclusive of any applicable taxes and you are responsible for such taxes in connection with your purchases for Products.
4.2 Fee Changes. All fees are subject to adjustments by Cafesti and in the event of a change, we will notify you at least thirty (30) days in advance of such change by email and posting on the Cafesti website. If you do not wish to accept a fee change, you may cancel your Subscription Service in accordance with these Terms. If you do not cancel your Subscription Service after the fee change takes effect and prior to the start of your new Subscription Service period (i.e., your next billing date), your Subscription Service will be renewed at the price in effect at that time at your renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
4.3 Initial Payment and Deposit. Your first payment will include charges for your first month and a deposit equal to one month supply of the Products, which deposit shall be credited towards the last month charge of the term of your Subscription Services.
4.4 Recurring Payment and Details. Cafesti uses Shopify Inc.’s online platform for payment processing and all payments are subject to the terms conditions of Shopify Inc. You are responsible for keeping your payment details up to date and notifying us when they have changed. You authorize us and Shopify Inc. or its affiliates to continue to charge your card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your Subscription Service.
5. Limitation of Liability.
5.1 Disclaimer. EXCEPT AS PROVIDED FOR IN THESE TERMS, CAFESTI MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY CUSTOM, TRADE USAGE, PROMISE, EXAMPLE OR DESCRIPTION, ALL OF WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED BY CAFESTI AND WAIVED BY YOU. THE WARRANTY REMEDIES CONTAINED IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR A WARRANTY CLAIM.5.2 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, CAFESTI SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUES OR PRODUCT, REGARDLESS OF WHETHER ANY SUCH CLAIM ARISES OUT OF BREACH OF CONTRACT OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL CAFESTI BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS OR LOST PROFITS, SAVINGS OR OTHER INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT, EVEN IF CAFESTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAFESTI’S CUMULATIVE LIABILITY TO YOU EXCEED THE FEES PAID BY YOU FOR THE EQUIPMENT OR PRODUCTS GIVING RISE TO A CLAIM FOR DAMAGES OR EXPENSES.
You will indemnify and hold harmless us and our affiliates, and our respective directors, officers, employees and agents (collectively, “Indemnified Persons”), from and against any and all claims brought or made against, or incurred by, Indemnified Persons, or any one of them, arising out of (a) your material breach of the terms of this Agreement, or (b) your failure to comply with applicable laws.
1. Website Matters.
7.1 Accuracy. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
7.2 Third-Party Links. Certain content, products and services available on Cafesti’s website may include materials from third-parties including links to Shopify Inc.’s services. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7.3 Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
8. Suspension and Termination.
You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate Subscription Service, if we believe you are using or have used the Equipment, Products or Subscription Service in violation of this Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. If we terminate your Subscription Service, the Equipment will be subject to Section 3.4(b).
10.1 Contact Information. Any inquiries about this Agreement or your Subscription Service should be sent to firstname.lastname@example.org or 1.877.522.3378.10.2 Governing Law. This Agreement will be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you irrevocably and unconditionally submit to the nonexclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
10.3 Waiver. No right or remedy of any party shall be deemed to have been waived, in whole or in part, unless such waiver is in writing signed by the party waiving its right or remedy. Any such waiver is effective only to the extent expressed in such writing and is not a waiver of any future available right or remedy.
10.4 Force Majeure. Notwithstanding any other provision of this Agreement, Cafesti will not be will be liable for any delay in performing, or failure to perform, any of its obligations under this Agreement if and to the extent performance is delayed or prevented due to a cause or causes that are beyond that Cafesti’s reasonable control (each a “Force Majeure Event”), including acts of God, fire, flood, earthquake, pandemics, acts of war, sabotage (including network intrusions, hacking and denial of service attacks), vandalism, riots, insurrection or civil disobedience, strikes, lock-outs or other labour disruption, or act of government or government department or agency. Any delay or failure of that kind will not be deemed to be a breach of this Agreement by Cafesti, and the time for the performance of the affected obligation will be extended by a period that is reasonable in the circumstances.
10.5 Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
10.6 Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
10.7 Enurement. This Agreement is binding upon the successors and assigns of Cafesti, and your heirs, successors, executors, administrators, and permitted assigns.
10.8 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.
Last Updated: February 1st, 2022