Roaster Subscription Terms and Conditions
Introduction
Your subscription to Roaster Subscription by IKAWA Home is governed by these terms and conditions. By placing your order for a Roaster Subscription by IKAWA Home you are agreeing to be bound by these terms and conditions and any other terms and conditions referred to below. Please read them carefully before placing your order and, if you have any questions relating to these terms and conditions or Roaster Subscription by IKAWA Home, please contact us using the following contact details:
hereforyou@ikawacoffee.com
+44 (0)207 7295 664
IKAWA Limited, Unit 9 Bayford Street Business Centre, London Fields, London, E8 3SE
1. Subscription Overview and Definitions
1.1. Roaster Subscription by IKAWA Home enables our customers to purchase an IKAWA Home Roasting System for a discounted price by subscribing to a 24-month Subscription.
1.2. In these terms and conditions the following important phrases have the following meanings:
Your “Credit Purchases” are the purchases made by you through our website, https://ikawahome.com, using IKAWA Credits.
Your “Minimum Subscription Term” is the period of 24 months commencing on the date of your Order. Your “Order” is the order you place for the Subscription through the Subscription Webpage.
“IKAWA Credits” are credits, valued at GBP 1.00 per credit, which are applied to your IKAWA account following receipt of each Subscription Fee.
The “IKAWA Home Roasting System” is the home roasting system purchased by you as part of your Subscription.
Your “Initial Fee” is the first payment to be made by you, as described in clause 3.1.1, for the purchase of the IKAWA Home Roasting System.
The “Subscription” is the subscription described on the Subscription Webpage pursuant to which your payment of the Subscription Fee results in IKAWA Credits being applied to your IKAWA account.
Your “Subscription Fee” is the amount payable per month during the term of your Subscription, as described in clause 3.1.2.
The “Subscription Webpage” is our dedicated Roaster Subscription by IKAWA Home webpage at https://ikawahome.com/products/roaster-subscription-by-ikawa.
2. Eligibility
Roaster Subscription by IKAWA Home is open to all residents of the U.K and the EU who are over the age of 18 and who are using the IKAWA Home Roasting System for personal, home use only. For the avoidance of doubt, the IKAWA Home Roasting System must not be used for commercial purposes and is strictly for personal use only. Without limiting our other rights, we reserve the right to disable your IKAWA Home Roasting System in the event that you use it for commercial purposes. Please note that such use will also invalidate your IKAWA Home Roasting System warranty.
3. Fees
3.1. The fees payable in relation to the Subscription are split into two elements:
3.1.1. an “Initial Fee” of £889.00 or €889.00; and
3.1.2. a “Subscription Fee” of £30.00 or €35.00 per month.
3.2. The Initial Fee constitutes the purchase price of the IKAWA Home Roasting System and, subject to the Initial Fee being paid, title to the IKAWA Home Roasting System will pass to you in accordance with the IKAWA Terms of Sale. The Subscription Fees paid by you are applied to your IKAWA account as IKAWA Credits. The amount of IKAWA Credits applied to your IKAWA account will be equal to the amount of Subscription Fee received by IKAWA.
3.3. The Initial Fee and the first Subscription Fee are payable upon placing your Order, using a payment method listed at the checkout area of the Subscription Webpage.
3.4. Your subsequent Subscription Fees are payable on the same day of each following month, for the duration of your Subscription. If, for example, you placed your Order on 13 October, your second Subscription Fee will be due on 13 November and subsequent Subscription Fees will be due on the 13th day of each subsequent month.
3.5. We will collect your subsequent Subscriptions Fees via the same payment method you used to pay the Initial Fee and your first Subscription Fee. In the event that we are unable to collect any of your Subscription Fees on the date they fall due, we will make a second attempt to collect the relevant Subscription Fee. If that second attempt fails, we reserve the right to treat such failure as a material breach of these terms and conditions which will entitled us to terminate your Subscription in accordance with clause 7.4 and the consequences in clause 7.5 will apply.
4. Issue of IKAWA Credits
4.1. Within 7 days of receiving a Subscription Fee we will credit your IKAWA account with an amount of IKAWA Credits equal to the Subscription Fee received.
4.2. IKAWA Credits can be used, at any time (subject to clause 5 below), to purchase items from https://ikawahome.com/. To use your IKAWA Credits, you must ensure that you apply your promotional code at the checkout.
5. Restrictions and exclusions regarding the use of IKAWA Credits
5.1. The following restrictions and exclusions apply to your use of IKAWA Credits:
5.1.1. IKAWA Credits are valid for a period of 24 months from the date of issue; any unused credits on your account upon the expiry of such period will be lost;
5.1.2. IKAWA Credits cannot be used to purchase the IKAWA Home Roaster nor any premium features within the IKAWA Home App;
5.1.3. IKAWA Credits are personal to you, non-transferable and, subject to your statutory rights and clause 7.2.1, are not refundable (please see our returns policy for more details);
5.1.4. IKAWA Credits cannot be exchanged for cash; and
5.1.5. IKAWA Credits cannot be used to purchase IKAWA Pro products.
6. Terms relating to your purchase of IKAWA Home Roasting System and Credit Purchases
6.1. Your purchase of the IKAWA Home Roasting System and your Credit Purchases are governed by the IKAWA Terms of Sale including our returns policy.
7. Term and Termination
7.1. Your Subscription will commence on the date of your Order (as confirmed in our confirmation email) and shall, unless terminated earlier in accordance with this clause 7, continue for the Minimum Subscription Term. At the end of the Minimum Subscription Term your Subscription will automatically terminate.
7.2. You may cancel your Subscription in the following ways:
7.2.1. at any time within 30 days following the date on which you received your IKAWA Home Roasting System by contacting us at:
hereforyou@ikawacoffee.com
7.2.2. at any time after the 30 days referred to in clause 7.2.1 above by providing no less than 14 days’ notice to us (at the address noted in clause 7.1.1 above). Please note, however, that if you terminate your Subscription prior to the expiry of the Minimum Subscription Term, other than in accordance with clauses 7.2.1 or 7.4 50% of all Subscription Fees which would have been payable during the Minimum Subscription Term, but for such termination, will become immediately payable and will not be applied to your IKAWA account as IKAWA Credits. We reserve the right to apply any unused IKAWA Credits on your account to such termination payment or to leave such IKAWA Credits on your account for use prior to their expiry period referred to in clause 5.1.1.
7.3. In the event that you cancel your Subscription in accordance with clause 7.2.1. above then you will be required to return the IKAWA Home Roasting System and any accessories to us , at your own cost, and in the condition in which it was received (save for fair wear and tear) within 14 days of your notification of cancellation. IKAWA will refund the Initial Fee to the card which was used to pay the Initial Fee within 14 days of receipt of the IKAWA Home Roasting System. IKAWA will also refund any unused IKAWA Credit balance on your account, using the same payment method used to pay the applicable Subscription Fee relating to those IKAWA Credits. The return of any Credit Purchases will be subject to our returns policy and the IKAWA Terms of Sale.
7.4. In addition to your rights of cancellation in clause 7.2, you and we have the right to terminate your Subscription, prior to the expiry of the Minimum Subscription Term, in the event that the other one of us commits a material or repeated breach of these terms and conditions which, if capable of being
remedied, is not remedied within 14 days of receipt of a notice sent by the other requiring it to be remedied. Please note that non-payment of any Subscription Fee, as described in clause 3.5, is regarded as a material breach of these terms and conditions. Further, if we discover that you are not eligible to purchase the Subscription, your Subscription will be terminated immediately upon us becoming aware, as ineligibility is not something which can be remedied. If the reason for your ineligibility is that you have used your IKAWA Home Roasting System for commercial use, contrary to clause 2 above, then, without prejudice to our other rights, we also reserve the right to disable your Home Roaster System and your IKAWA Home Roasting System warranty will be invalidated.
7.5. If we terminate your Subscription pursuant to clause 7.4 50% of all Subscription Fees which would have been payable during the Minimum Subscription Term, but for such termination, will become immediately payable and will not be applied to your IKAWA account as IKAWA Credits. We reserve the right to apply any unused IKAWA Credits on your account to such termination payment or to leave such IKAWA Credits on your account for use, subject to their expiry period referred to in clause 5.1.1.
7.6. Termination of your Subscription will not result in any refund of Subscription Fees made by you prior to the date of expiry or termination (unless you have cancelled your Subscription in accordance with clause 7.2.1). IKAWA Credits which remain on your account at the date of termination can be redeemed before their expiry date (as described in clause 5.1.1), unless we have exercised our right to apply them to any termination payment due under clauses 7.2.2 or 7.5.
8. General
8.1 The contract made between us relating to your Subscription is governed by the laws of England and Wales (with the exception of any conflict of law provisions). We both agree to submit to the non- exclusive jurisdiction of the courts of the England and Wales, which means that you may bring a claim to enforce your consumer protection rights in connection with your Subscription in England and Wales or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.
December 2021