Nice Package Terms & Conditions
By signing up to join the Nice Package Subscription, you agree to be bound by the Terms, and you warrant to us that you are at least 18 years of age, that you are a New Zealand Citizen, that you are legally capable of entering into binding contracts, and that you will access the Nice Package subscription and its benefits for personal use only. If this is not true, or you do not agree to the Terms, you should not sign up to join the Nice Package Subscription.
- Signing up
(a) By signing up to Nice Package, you are offering to purchase a Nice Package Subscription membership in accordance with our Terms. Any sign up requests are subject to availability and any Nice Package Subscription is subject to our confirmation.
(b) We reserve the right, but are not obliged, to:
(i) refuse any sign up request that (in our sole discretion) appears to be placed by a dealer, a reseller or a distributor, or is otherwise not for personal use;
(ii) refuse any sign up request that (in our sole discretion) appears to be in breach of our Terms;
(iii) limit the sign ups in relation to any person, geographic region or jurisdiction; or
(iv) discontinue any part of the Nice Package Subscription. We can exercise these rights on a case-by-case basis. Restrictions may also be applied to sign up requests placed by or under the same customer account, the same credit card, the same credit card holder, and/or orders that use the same billing and/or shipping address.
(a) Unless we have previously notified you that we do not accept your sign up request, for any reason, or if you have already cancelled your sign up request in accordance with these Terms, our acceptance of your sign up request and the formation of a contract between you and us occurs when the following happens:
(i) we approve your first payment of the Subscription Fee; and
(ii) we, or our payment processor, debits your account and the funds have cleared.
(b) The term of the Nice Package Subscription is 12 months (Term) from the date in clause 2(a). After the Term expires you will automatically transition to a recurring coffee subscription payment unless you have contacted us to stop the subscription at the end of the term.
(a) During the Term, you will receive:
(i) A new DeLonghi home espresso machine selected by Espresso Workshop (Machine);
(ii) a 250g, 350g, 500g, 700g, 1000g or 2000g pack of Espresso Workshop coffee beans (as applicable to the Nice Package Subscription category selected by you) every two (2) weeks; and
(iii) complimentary welcome pack, as described on our Site.
(b) There are different Nice Package Subscription categories, each with a slightly different cost. Each Nice Package Subscription category has the same inclusions, with the exception of the size of the pack of Espresso Workshop coffee beans that you will receive. You can change your selected Nice Package Subscription category at any time on your account. If you change your subscription after a two (2)-week delivery cycle has commenced, the change will be effective from the start of the following delivery cycle.
(c) You can also choose to upgrade to add-on other products or services for additional fees.
(d) Any promotional offers and discounts offered under the Nice Package Subscription are as stated, and cannot be combined with other promotional offers or discounts.
To the maximum extent permitted by law, or any statutory consumer guarantee contained in any applicable law, our Nice Package Subscription is 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.
(a) You may cancel your Nice Package Subscription at any time by giving Espresso Workshop at least 7 days' prior written notice before the next billing period. If you decide to cancel your Nice Package Subscription:
(i) you will be liable to be charged the remaining cost of the espresso machine at the current retail value as set on our website
(ii) we will also add an administration fee of $100 NZD to the final payment
(b) If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we can cancel your Nice Package Subscription without notice. If we cancel your Nice Package Subscription:
(i) at our option, you must pay Espresso Workshop for all termination fees set out in clause 5(a).
(c) If your Nice Package Subscription is suspended for any reason, we can continue to charge you the Subscription Fee.
(d) The obligations and liabilities of the parties that arose before the termination date survive the suspension, termination or cancellation of your Nice Package Subscription for all purposes.
- Entire Agreement
(a) In the event that any provision of these Terms is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms, but that will not affect the validity and enforceability of any of the remaining provisions.
(b) If we fail or delay in the exercise or enforcement of any right or provision of these Terms, that will not amount to a waiver of that or any other right or provision.
(c) These Terms constitute the entire agreement and understanding between you and us and govern your eligibility for and access to the Nice Package 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 the Terms).
(d) Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- Changes to these Terms
(a) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms or the Nice Package Subscription by posting updates and changes to our website.
(b) It is your responsibility to check our website periodically for changes. Your continued membership in our Nice Package Subscription following the posting of any changes to these Terms constitutes acceptance of those changes.
- Contact information
Questions about these Terms should be sent to us at email@example.com. These Terms were last updated on 26 May 2021.