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Terms & Conditions for Coffee Machine Subscription

Axil Coffee Roasters provides its Coffee Machine Subscription subject to the following terms and conditions.

Applying for a Subscription through our website constitutes an offer to purchase a Subscription on these terms and conditions, and does not create any binding rights or obligations on us until we accept your application. We may refuse to accept applications in our sole discretion.

Please read the below terms and conditions carefully before applying for a Subscription.

  1. Definitions
    • In these terms and conditions:

Account means the account on the Website associated with your Subscription.

Axil Coffee Roasters, also ‘we’, ‘our’ and ‘us’means Coffee Co-Op Pty Ltd ACN 137 940 339 as trustee for The Coffee Co-Op Unit Trust ABN 28 967 234 025, of which Axil Coffee Roasters is the trading name.

Beansmeans an order of Axil Coffee Roasters’ coffee beans or pods, of the kind and in the quantity selected by you when applying for or updating your Subscription.

Machine means an espresso machine, as selected by you when applying for your Subscription.

Minimum Term means:

  • in the case of a Subscription which includes any of the following Machines, 12 months;
    • Breville Barista Express Impress;
    • Moccamaster; and
    • Opal One Pod Machine; or
  • in the case of a Subscription for a Breville Barista Touch Impress as the chosen Machine, 24 months.

Privacy Policy means Axil Coffee’s privacy policy (as updated or replaced from time to time), and which can be found on our Website at <axilcoffee.com.au/pages/privacy-policy>.

Subscription means a subscription for a Machine and Beans on these terms and conditions.

Subscription Feemeans the fees applicable and payable by you to Axil Coffee Roasters with respect to your chosen Subscription, and which consists of two components:

  • the cost of the Beans; and
  • until expiration of the Minimum Term, equal instalments for the Machine.

Term has the meaning given in clause 7.1.

Website means our website hosted at <https://axilcoffee.com.au> (as updated from time to time).

  1. Subscription Application
    • To apply for a Subscription, you must create an Account and provide us with all information requested by us in connection with the creation and management of your Account and any Subscription associated with your Account, including personal information (as defined in the Privacy Act 1988 (Cth)).
    • By applying for a Subscription, you:
      • warrant to us that:
        • you are an Australian resident;
        • you are at least 18 years of age and otherwise of legal capacity and capable of entering into binding contracts; and
        • you will only use the Machine provided as part of any Subscription for one of the two permitted purposes under clause5; and
      • will be deemed to have:
        • agreed to be bound by these terms and conditions; and
        • consented to us undertaking credit checks in accordance with clause 4.
      • An application for a Subscription made under this clause 2 constitutes an offer by you to purchase the Subscription chosen by you during the application process on these terms and conditions, and will not create any binding rights or obligations unless and until such application is accepted by us in accordance with clause 6.
      • We are not required to accept your offer, and may refuse to accept your offers at our sole discretion, including but not limited to where:
        • the offer appears to have been made in breach of our terms or conditions or any law;
        • the offer appears to have been made by or on behalf of a person who has previously breached our terms and conditions;
        • the offer appears to have been made by or on behalf of a person whose offer to purchase a Subscription has previously been rejected by us;
        • the offer appears to be fraudulent or abusive;
        • the offer appears to have been made by a person who is listed in any available debt collection databases or whose credit status otherwise suggests a credit risk;
        • the offer appears to have been made by or on behalf of a dealer, reseller or distributor, or where we otherwise suspect that the Machine will not be used for one of the two permitted purposes under clause 5; or
        • in our sole judgement, we believe that acceptance of the offer is likely to bring our business into disrepute or otherwise poses a risk to our business.
      • We also reserve the right to:
        • limit the availability of Subscriptions in relation to any person, address, geographic region or jurisdiction; or
        • discontinue any part of a Subscription, including in relation to the Machine and Beans able be selected by you when applying for a Subscription or during the Term of any Subscription.
      • All offers are subject to availability of the Machine and Beans selected by you when applying for a Subscription.
      • We will notify you if we decide to refuse your offer to purchase a Subscription, and we will refund to your original payment method any payments that we have received from you in relation to that offer. We may, but are not required to, disclose the reasons for our refusal. If you have any questions or concerns regarding the refusal of your offer, please reach out to our team via orders@axilcoffee.com.au.
  1. Account Security
    • You acknowledge and agree that you are responsible for all activity on or transacted through your Account, and that it is your responsibility to keep any password associated with your Account secure and free from unauthorised use.
    • You must immediately notify us of any actual or suspected unauthorised use on your Account, and you must take immediate steps to re-secure your Account in the event of unauthorised access or use.
    • You must provide us with current, complete and accurate information, including information to allow us to verify your identity. Should any information provided us to change or later become inaccurate, you must promptly update your such information so that we can maintain and manage your Subscription and contact you as needed.
  2. Credit Checks
    • You agree that we may use the information that you provide us in your offer, to verify your identity and to check any available credit reporting bodies and debt collection databases to identify any potential outstanding debts or financial defaults you may have with other parties and to determine your credit worthiness.
    • Without limiting the foregoing, you acknowledge and agree that we may transfer your personal information to our third party service provider, including but not limited to Real ID, Shopify, Ship It, Klavyio or to a debt collection agency in the event that you default on payment of the Subscription Fee or other fees due under these terms and conditions.
    • You acknowledge and agree that a credit reporting body may include information provided by Axil Coffee Roasters in reports provided to credit providers to assist those credit providers to assess your creditworthiness.
    • We reserve the right to perform a credit check. By accepting these terms and conditions, you consent to those checks being made by us. Where a credit reporting body issues a credit report to us that contains personal information about you, you authorise us, in accordance with section 21J or section 21K of the Privacy Act 1988 (Cth) (Privacy Act) (as the case may be), to give to, and obtain from any credit providers named in that credit report, information about you, including credit eligibility information and information relating to your credit worthiness, credit standing, credit history or credit capacity, and other information that credit providers are allowed to give to, or receive from, each other under the Privacy Act.
    • All information Axil Coffee Roasters collects, including any personal information, is used and kept in accordance with our Privacy Policy.
    • 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 and conditions or contrary to any law.
  3. Permitted Purpose
    • The Machine provided to you as part of any Subscription only for either:
      • personal or domestic use, in which case the benefits of the Subscription must not be used in a business or for business purposes; or
      • commercial use, in which case the benefits of the Subscription may only be used in the business specified Subscription on your Account.
  1. Acceptance
    • An offer to purchase a Subscription made under clause2 will be deemed accepted by us and become legally binding only after each of the following has occurred:
      • we approve your first payment of the Subscription Fee;
      • we, or our payment processor, debits your account and the funds have cleared; and
      • we notify you in writing that your offer has been accepted (such notice, in all cases, being subject to clauses 1(a) and 6.1(b) above).
    • You may withdraw your offer at any time prior to it being accepted by us in accordance with clause 1 by notice in writing directed to orders@axilcoffee.com.au. Any such notice must contain sufficient details to allow us to identify the offer in question.
  2. Term
    • Your Subscription will commence on the date we accept your Subscription under clause6 and will continue unless or until terminated in accordance with clause18 (Termination).
    • Subject to clauses 15 and 2, you acknowledge and agree that, once accepted, you may not withdraw terminate your Subscription during the Minimum Term.
    • On expiration of the Minimum Term:
      • unless notice of termination has been given by you in accordance with clause 5, your Subscription will automatically rollover to a Beans-only subscription on the same terms and conditions and based on the kind and in the quantity of Beans last selected by you as part of your Subscription; and
      • subject to our receipt of all Subscription Fees due on account of the Machine and Beans provided to you during the Minimum Term in clear funds, you will become the lawful owner of the Machine.
  1. Inclusions
    • In your first delivery, you will receive:
      • the Machine;
      • an order of Beans; and
      • a complimentary welcome pack, as described on our Website.
    • In each subsequent delivery during the Term, you will receive an order of Beans.
    • You are granted the right to use the Machine for the duration of the Minimum Term and until ownership of the Machine vests in you in accordance with clause3(b). However, you acknowledge and agree that, during the Minimum Term and for so long as we remain the owner of the Machine, your rights under this clause8.3 are subject to your continued and ongoing compliance with these terms and conditions and will cease if suspended, revoked or terminated by us in accordance with clauses18.6 or otherwise in accordance with these terms and conditions.
    • There are different Subscription categories, each with a slightly different cost depending on the Machine and Beans selected by you.
    • The cost of shipping products that are included as part of your Subscription is included in the Subscription Fee. You may choose to add-on other products or services in addition to those which are included in your Subscription. Any such add-ons may result in you being charged additional fees, including for shipping costs.
    • Any promotional offers and discounts offered under your Subscription are as stated and cannot be combined with other promotional offers or discounts.
  2. Pricing and Payment
    • During the Term, your account will be charged for the Subscription Fee each month in advance before the Beans (and in the case of the first delivery, the Machine) are sent out for delivery to you.
    • You must keep your selected payment method up to date on your account throughout the Term.
    • You authorise us to direct debit your credit card, debit card, bank account or other selected payment method linked to your Account for Subscription Fees payable by you as and when they fall due.
    • If for any reason your card issuer declines your payment for your Subscription Fee when due, you are liable for all resulting fees and expenses we incur, in addition to the declined Subscription Fee. If the Subscription Fee or these other amounts remain outstanding:
      • we will send you an automated email and/or text message to your nominated email address or phone number, and we will re-attempt payment of the Subscription Fee and other amounts due each day for the next 7 days; and
      • if the Subscription Fee remains unpaid after 7 days, we will send you an automated email and/or text message providing you with options to either:
        • pay us all outstanding Subscription Fees;
        • if still within the Minimum Term, pay us all outstanding Subscription Fees and an amount equal to the Subscription Fees which would have otherwise been payable by you for the remainder of the Minimum Term (in which case your Subscription will terminate upon receipt of all such amounts in clear funds, and you will become the lawful owner of and be entitled to keep the Machine); or
        • return the Machine to a location nominated by us in good working order and repair or to allow us to collect the Machine at your cost, and, in each case, within 48 hours.
      • If the any part of the Subscription Fee or other amounts due to us remain outstanding after we have attempted to resolve the declined or non-payment under clause 4, we reserve the right to recover:
        • during the Minimum Term and at all times whilst we remain the lawful owner of the Machine, all outstanding Subscription Fees and other amounts due to us under these terms and conditions and either, at our choice:
          • the Machine; and
          • an amount equal to the Subscriptions Fees which would have otherwise been payable by you for the remainder of the Minimum Term; or
        • once ownership of the Machine vests with you in accordance with clause 3(b), all outstanding Subscription Fees and other amounts due to us under these terms and conditions.
      • We also reserve the right to engage a third party debt collection agency to recover any outstanding amounts due to us. Where clause 5(a) applies, we also reserve the right to engage a third party debt collection agency to recover the Machine or all amounts that would have been payable related to the Machine on our behalf. You agree that you will be liable for and agree to indemnify us in respect of any costs reasonably incurred by us in recovering amounts due to us or the Machine, including but not limited to costs payable to any third party debt collection agency or legal costs on a solicitor-client basis.
      • 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 Website, and on any refunds that we provide in accordance with these terms and conditions. We are not responsible or liable for any such fees or charges.
  1. Delivery
    • Subject to clause 1, your first delivery (containing the Machine, Beans and welcome pack) will be despatched to you on receipt of the first monthly payment of the Subscription Fee.
    • For the duration of the Term, we will deliver Beans to you each month.
    • If any product is not in stock at the due date for delivery, we will, at your choice:
      • deliver the remaining products to you and deliver the unavailable product when it comes back into stock;
      • supply an agreed substitute product; or

give you a credit equal to the cost of the unavailable product.

  • You may request that we suspend the delivery of Beans for a continuous period of no more than 60 calendar days at any time by giving us a written notice at least 7 days prior to the scheduled despatch date. We are not required to accommodate any such request, and may refuse at our sole discretion, including but not limited to where previous requests to suspend delivery have been made. You acknowledge and agree that, where we agree to a suspension, delivery of Beans will resume on the earlier of:
    • the end of the agreed suspension period; or
    • the date you notify us to recommence the delivery of Beans in accordance with your selected Subscription category.
  • For the avoidance of doubt, where a suspension is permitted during the Minimum Term, the Minimum Term will be extended by a number of days equal to the length of the suspension.
  • We use third party couriers or postal services 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 next steps.
  • 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, we may:
    • charge you a reasonable fee to cover the costs incurred by us in re-delivering the products; or
    • cancel the delivery in question (in which case we will refund you the Subscription Fee paid for those products, excluding delivery and handling fees which are non-refundable).
  1. Changes to Your Subscription
    • You may not change the Machine included as part of your Subscription.
    • You may change your selected Beans at any time by contacting orders@axilcoffee.com.au. If you change the Beans or other aspects of your Subscription after a delivery cycle has commenced, the change will become effective from the start of the following delivery cycle. Changes to your Subscription may result in a corresponding change to the amount of the Subscription Fee, depending on the new Beans or other products chosen.
  2. Risk and title
    • You acknowledge and agree that:
      • subject to clause 2, we will retain ownership of the Machine for the duration of the Minimum Term and until such time that all amounts payable by you on account of the Subscription Fee for the Minimum Term have been paid, we may register a security interest over the Machine on thePersonal Property Securities Register in accordance with thePersonal Property Securities Act 2009 (Cth) (PPSA); and
      • ownership of the Beans will pass to you once we receive clear payment of all Subscription Fees due and payable immediately preceding the delivery of the Beans.
    • To the extent permitted by the PPSA, you agree that we are not required to give any notice to you that we would ordinarily be required to give under the PPSA, and consent to the waiver of your rights to receive notice under each of sections 95, 118, 121(4), 130 and 157 of the PPSA.
    • Risk of loss or damage to all products passes to you on delivery.
  3. Care and Maintenance of Machine
    • You will:
      • use, maintain and keep the Machine only in accordance with the manufacturer's instructions and these terms and conditions; and
      • keep the Machine at the address nominated in your Account.
    • If your Subscription includes a Breville Barista Express Impress or a Breville Barista Touch Impress as the chosen Machine, you can arrange for maintenance and repairs of the Machine directly with Breville (which will be provided by them in accordance with the manufacturer's warranty). Alternatively, during the Minimum Term, Axil Coffee Roasters is also willing to assist with facilitating the maintenance and repairs of these Machines.
    • If your Subscription includes a Moccamaster or an Opal One Pod Machine as the chosen Machine, should you need to contact the manufacturer of the Machine in order to meet you obligations under clause 1(a), you will need contact us at orders@axilcoffee.com.au so that we can arrange for maintenance and repairs on your behalf.
    • Our liability to you under these terms and conditions will be reduced to the extent that any damage or failure of the Machine is caused or contributed to by:
      • failure to comply with clause 1;
      • where clause 3 applies, further damage caused to the Machine due to any failure or delay in promptly contacting us to arrange for maintenance and repairs;
      • accidental or deliberate damage; and
      • modifications, maintenance, repairs or interference with the Machine that have not been performed or authorised by us or contrary to the manufacturer’s instructions.
  1. Recalls
    • In the unlikely event that any of our products are subject to a product recall, we will post a notice on our Website and will contact you (or the recipient of the product) by the most appropriate means, including by email, SMS, telephone, instant messaging or post.
    • We will provide you with instructions regarding next steps with respect to returning the products, in accordance with our recall notice.
  2. Australian Consumer Law
    • The Australian Consumer Law (ACL) in theCompetition 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 services which cannot be excluded, restricted, qualified or modified by us (Non-Excludable Rights). Nothing in these terms and conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
    • 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 and conditions or the ACL will be limited to:
      • offering you a refund for a major failure of our products; or
      • 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.

These rights under the ACL may not apply where a problem has arisen with the product because it has been used in breach of these terms and conditions. We do not refund delivery and handling fees, except where we deliver the wrong products to you.

  • 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.
  • 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.
  1. Liability
    • To the maximum extent permitted by law, we exclude liability arising from or in connection with direct or indirect and consequential losses, whether based in contract, tort (including negligence), strict liability or otherwise, suffered as a result of:
      • fraudulent credit card use; or
      • your use of the Subscription or any of our products, or any content or information made available through our Website.
    • You agree to indemnify, defend and hold harmless Axil Coffee Roasters and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including legal costs on a solicitor-client basis, made by any third-party due to or arising out of your breach of the terms and conditions, or your violation of any law or the rights of a third party.
  2. Warranties
    • To the maximum extent permitted by law, or any statutory consumer guarantee contained in any applicable law, our Subscriptions are 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.
    • The manufacturer of the Machine chosen as part of your Subscription may provide a manufacturer’s warranty or other warranties with respect to the Machine which go beyond what is required under the ACL. Where this occurs, you acknowledge that such warranties are given independently by the manufacturer on terms and conditions decided by them, without involvement or input from Axil Coffee Roasters. Should you wish to make a claim with respect to any such warranty, you may:
      • if your Subscription includes a Breville Barista Express Impress or a Breville Barista Touch Impress as the chosen Machine:
        • raise a claim directly with the manufacturer; or
        • raise a claim through Axil Coffee Roasters; or
      • if your Subscription includes a Moccamaster or an Opal One Pod Machine as the chosen Machine, you must raise a claim through Axil Coffee Roasters.
    • Where you decide or are required to raise a claim in relation to a manufacturer’s warranty through Axil Coffee Roasters, we will use reasonable endeavours to assist in facilitating a resolution to your claim in accordance the terms and conditions of the applicable warranty or warranties given by the manufacturer. You acknowledge, however, that resolution of the claim is at the sole discretion of the manufacturer.
    • The terms and conditions of any manufacturer’s warranty, including the length of any such warranty, will differ between manufacturers and, in some cases, between coffee machines offered by a manufacturer. Axil Coffee Roasters encourages you to read the terms and conditions of any manufacturer’s warranty applicable to your desired Machine prior to applying for a Subscription with us.
  3. Termination
    • You may not terminate your Subscription during the Minimum Term.
    • Notwithstanding clause1, should you wish to discontinue your Subscription during the Minimum Term, make a request our consent to the early termination of your Subscription by contacting us at orders@axilcoffee.com.au. Such requests will not be unreasonably refused, provided that:
      • you pay us all outstanding Subscription Fees; and
      • you pay us an amount equal to the Subscriptions Fees which would have otherwise been payable by you for the remainder of the Minimum Term (as determined by us, acting reasonably) (Early Termination Fee).
    • You agree that any requirement to pay an Early Termination Fee is fair and reasonable in the circumstances, taking into account that, pursuant to clause 3(b), on receipt of the Early Termination Fee (and any outstanding Subscription Fees) by us, you will become the lawful owner of the Machine.
    • Termination pursuant to a request made under clause 2 will not occur unless and until all amounts referred to in clause 18.2 have been paid and any other reasonable conditions of consent imposed by us have been satisfied.
    • Following the expiration of the Minimum Term, you may terminate your Subscription by loggingin to your Account and following the steps to unsubscribe. Alternatively, you may terminate your Subscription by giving notice in writing to us at orders@axilcoffee.com.au. You must unsubscribe or give notice to us at least 7 days prior to the start of the next scheduled delivery cycle for Beans, otherwise termination will not take effect until after the next scheduled delivery cycle.
    • If in our sole judgment, you fail, or we suspect that you have failed, to comply with these terms and conditions, we can cancel your Subscription without notice. If we cancel your Subscription:
      • during the Minimum Term, then at our option, you must arrange for the delivery of the Machine to our closest nominated location, clean and in good working order and repair or allow us to collect it, at your cost; and
      • in all circumstances (including during the Minimum Term):
        • you must pay Axil Coffee Roasters for all amounts due up to and including the date of termination;
        • we may recover from you, any loss, cost or damage that we may suffer as a result of any breach of these terms and conditions by you, including any damage to the Machine as a failure to clean and maintain the Machine in accordance with clause 13 ; and
        • we will stop charging you the Subscription Fee.
      • If your Subscription is suspended for any reason, we can continue to charge you the Subscription Fee.
      • If your Subscription is suspended or terminated during the Term for whatever reason, you acknowledge that you will not be permitted to start a new Subscription for at least 6 months.
      • The obligations and liabilities of the parties that arose before the termination date survive the suspension, termination or cancellation of your Subscription for all purposes.
  1. GST
    • Words defined in theA 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.
    • Except where these terms and conditions specify otherwise, an amount payable by a party under these terms and conditions 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.
    • 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 and conditions 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 will provide to the recipient an adjustment note relating to the adjustment within 7 days.
  2. Entire Agreement
    • If any provision of these terms and conditions is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these terms and conditions, but that will not affect the validity and enforceability of any of the remaining provisions.
    • Unless expressly stated otherwise, any failure or delay in the exercise or enforcement of any right or provision of these terms and conditions, that will not amount to a waiver of that or any other right or provision.
    • These terms and conditions constitute the entire agreement and understanding between you and us and govern your eligibility for and access to a Subscription, 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 these terms and conditions).
    • Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.
  3. Governing Law
    • These terms and conditions are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia.
  4. Variation
    • We reserve the right, at our sole discretion, to update, change or replace any part of these terms and conditions or a Subscription by posting updates and changes to our Website. For the avoidance of doubt, this includes the right to make reasonable increases to the Subscription Fee to reflect changes in our standard prices for Beans. Notwithstanding, we will not increase the amount of the Subscription Fee during the Minimum Term.
    • It is your responsibility to check our Website periodically for changes. Your continued membership in our Subscription following the posting of any changes to these terms and conditions constitutes acceptance of those changes, which will come into effect when your Subscription renews.
  5. Contact information