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Terms & Conditions

General

Euro Coffee L.L.C. is registered and domicile in the United Arab Emirates under license number 541930 as a Limited Liability Company.  These conditions are governed by and interpreted in accordance with the laws of the United Arab Emirates and the parties agree to submit to the non-exclusive jurisdiction of the courts of Dubai. Euro Coffee L.L.C. will not deal or provide any services or products to any of OFAC sanctioned countries in compliance with the law of United Arab Emirates. The following terms and conditions apply to all transactions made with Euro Coffee L.L.C. whether made online, in person at our showrooms, via e-mail or telephone. Euro Coffee reserves the right to alter or amend these terms and conditions of sale from time to time without notice. By registering at the online store, placing an order, or entering into a supply agreement with Eurocoffee L.L.C. you accept and agree to be bound by the terms and conditions which together with any other signed agreements shall constitute the entire agreements between you and Euro Coffee L.L.C. Neither party is liable to the other for any failure to fulfil its obligations if any such failure is due to Force Majeure.

If any provision of these conditions is held invalid, unenforceable or illegal for any reason, the remaining conditions shall prevail.

 


Order Placement and Payment

Orders may be placed online via this online store, via e-mail or by telephone. Acceptance of an order will be confirmed by e-mail to the address provided during your registration and becomes binding only upon acceptance. Euro Coffee will validate your order, payment card details and contact details prior to order acceptance. Eurocoffee accepts payment by cash, Visa and MasterCard credit/debit cards in AED currency. Payment will be made prior to order acceptance and debited from your account before the dispatch of your purchase. All credit and debit card holders are subject to validation checks and authorisation by the card issuer and card details must match the records for the customer registered. If the issuer of your payment card refuses to authorise payment to us or you fail our security checks, Euro Coffee will not be held liable for any delay or cancellation of orders. Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website.

This online store uses the latest 128bit security encryption to protect your personal information. When you enter your personal details in the checkout pages you are in a secure web site. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and merchant policies and rules.

 


Delivery

Euro Coffee currently only accept orders for delivery or collection within the United Arab Emirates and do not offer international shipping or delivery. Your order will normally be dispatched within 2 (two) working days of order acceptance. Euro Coffee make every effort to deliver goods as quickly as possible and may request a schedule for repeat orders and delivery. Eurocoffee shall not be liable for any delay that you may suffer in this regard. Delivery information such as Customers Name, Location Address and Contact Number will be stored for delivery purposes only and you authorise use of your personal information in respect of the same.

(Surcharge) Where the order value is less than AED 1000 (excluding VAT), a delivery surcharge will apply.

Unless agreed otherwise products are to be delivered to the Customer’s Delivery Address within 2 Business Days of confirmation of order and are to be accompanied by an invoice or delivery note. Multiple shipments /deliveries may result in multiple postings to the cardholder’s monthly statement.

  


Product Quality & Availability

Euro Coffee warrant the product quality and condition of all the ingredients supplied and will ensure that all products are of high quality and meet international standards for the products provided.

 In the event that a product is not available becomes temporarily unavailable, Euro coffee shall hold your order until the product becomes available and will then deliver the product to you in the usual way. If an individual product becomes permanently unavailable, then EuroCoffee will seek to offer you a suitable alternative or give you a full refund.

 


Warranty

Euro Coffee L.L.C.  warrants for a period of One (1) year from the date of sale that Equipment other than consumables will be free from defects in material and workmanship.  It is Euro Coffee’s sole obligation under this warranty to repair or replace the defective parts at no charge to Purchaser.  All replaced parts shall become the property of Purchaser; however, all parts will be required to be returned to the manufacturer for inspection and warranty assessment.  Euro Coffee agrees to provide detailed terms, conditions and instructions for exercise of warranty upon request.  

Euro Coffee will have no obligation under this Agreement if: (1) repair or replacement of the Equipment or parts is required as a result of normal wear and tear or necessitated in whole or part by catastrophic or causes external to the Equipment, or (2) the Equipment has not been properly used or maintained in accordance with then applicable operating and maintenance manuals.

 


Returns and Refunds

If the item you have received is damaged, defective or not as described on the website, you may return the product within 15 days and will receive a full refund along with any shipping fees applied. Refunds will be credited via the original mode of payment and processed upon receipt of the goods returned.

 


Pricing Policy & Amendments

Euro Coffee LLC reserves the right to amend all published prices without prior notice and to add or withdraw any product from sale. Contracted pricing is subject to a 60 day notice of change and increases are limited to a total of 10% in any given 12 month period.

 


Service / Maintenance

Unless otherwise agreed all service and maintenance will be provided on equipment returned to our service centre for evaluation.

 

Contracted onsite (at customer location) servicing and maintenance is provided subject to individual conditions of contract and subject to the following exclusions defined as User error:

 

(a) Errors due to a failure to follow daily cleaning guidelines resulting in blocked:

(i) steam arms; (ii) waste pipes; (iii) shower screens and three-way valves; (iv) milk pipes; (v) beverage outlets; (vi) mixers and bowls

(b) errors due to operational setup or the Customer’s employee’s behaviour, such as: (i) low pressure or temperature as a result of using coffee boiler for large amounts of water for tea or hot water supply; (ii) contaminated boiler as a result of soaking steam wands or insufficient daily usage; (iii) blown elements through excessive dirt and water entering through the top of the Equipment; (iv) correct use and filling of ingredients fit for use.

(c) tasks to be undertaken by the Customer’s employee’s, such as: (i) adjusting or troubleshooting grind settings; (ii) ensuring adequate water supply and pressure; (iii) ensuring drains and drip trays are free from dirt, blockages and are free flowing; (iv) ensuring service areas are clean and free from insect infestation.

(d) local causes and , such as: (i) blocked water filters; (ii) low water inlet pressure; (iii) local power surges and failures; (iv) insufficient or irregular power supply;

The Customer shall be responsible for the cost of all Equipment servicing, repairs and / or replacement resulting from User Error, unauthorised servicing, unauthorised relocation or movement, alteration, tampering with parts, misuse, negligence, fire, theft, loss, or damage.

 

Contracted Service provision is conducted by our fully trained service technicians as is provided as per the agreed schedule and frequency. (Annual, Quarterly or Monthly). 

 

Subject to prior arrangement a service machine may be provided during major service or repair works. Machines provided may not be of the same specification of the machine under repair but will be capable of using the same ingredients.

Details of our current service rates are available here. 

 


Applicable Law

Any dispute or claim arising out of or in connection with services provided by Euro Coffee shall be governed and construed in accordance with the laws of the United Arab Emirates and under the jurisdiction of the courts of Dubai.

 


VAT & Taxation

All pricing unless otherwise stated is inclusive of Value Added Tax and duties payable in the United Arab Emirates. A tax invoice will be provided with every order.

Euro Coffee are registered in the United Arab Emirates under the registration number: 100269618300003.

 


Limitation of Liability

Euro Coffee is not liable in negligence, contract, breach of statutory duty or howsoever otherwise for physical or financial injury, loss or damage or for any indirect, consequential, special, exemplary, or incidental damages of any kind to persons or property (including without limitation, the Customer and persons or corporations for whose conduct the Customer is or may be liable) of any kind whatsoever as a result of any delay in supply of Product, Equipment, or otherwise arising under or out of this any purchase or agreement or its termination. Nothing in this clause limits any liability imposed by any statute unless and to the extent that it is lawful to do so. The Customer accepts that, to the extent allowed by law, Euro Coffee gives no warranty that any equipment is suitable for the Customer’s purpose. Eurocoffee holds public liability or commercial general liability insurance covering all products and equipment provided. Euro coffee’ s total liability to the Customer for damages, from any cause whosoever, and regardless of the form of action, whether in contract or tort, including negligence, is limited to actual damages up to the purchase price paid for any product or equipment. This limitation of liability will not apply to personal injury caused by Euro Coffee or its agents.

 


Installation

Where applicable, equipment installation is included in the published price and will be arranged at a mutually agreed time and date. The customer is accountable to ensure that the location is ready for installation and that all electrical, water and drainage provisions are provided to within 1m of the installation location. Detailed requirements can be obtained from our technical department by e-mail at service@eurocoffee.ae

 


Contracts

(Successive Terms) Unless otherwise renewed or agreed at the end of the Term, an agreement or contract automatically extends and continues indefinitely under the same conditions. Either party may give one months’ written notice of that party’s intention to terminate the Agreement or the Agreement is otherwise terminated in accordance with the following conditions:

TERMINATION
(Termination by Notice of Default) If a party is in default under any provision of this Agreement the other party may give the defaulting party 30 days written notice requiring the defaulting party to rectify the default. This Agreement will terminate 30 days after receipt of such written notice unless such breach has been rectified within that period.
(Immediate Termination) Euro Coffee may, at its sole option, terminate an Agreement effective immediately if:
an Event of Insolvency occurs in relation to the customer;
the customer falsifies any records or reports regarding an agreement; or
performance by either party becomes impossible or impracticable because of, or is prohibited from a performance by, governmental actions; or
if either party have outstanding balances owed in relation to a contract that is either overdue by more than 30 days of the agreed payment terms and or two times the monthly contracted value agreed.

(Obligations on Termination) On expiry or termination of this Agreement:
in any circumstances (including where the Customer terminates or ends this Agreement prior to or at the conclusion of the Term), the Customer must:
return to Euro Coffee all training materials held by the Customer at the time of termination.
return all Equipment to Euro Coffee within 7 Business Days of termination or expiry of this Agreement in the same condition, fair wear and tear excepted, as it was supplied to the Customer. The Customer must ensure the Equipment is returned to Euro Coffee in a condition acceptable to Euro Coffee;
pay to Euro Coffee all money owed within 7 Business Days of termination or expiry of the Agreement;
Indemnify Euro Coffee for any Loss suffered by Euro Coffee for any item that is damaged, lost, destroyed or not returned to Euro Coffee within 7 Business Days of termination or expiry of this Agreement (as the case may be) and for any removal costs necessarily incurred by Euro Coffee in the recovery of the Equipment or the removal of any Product or branded Point of sales materials;
Notify Euro Coffee in writing if the Customer elects to retain the Equipment and, if it wishes to do so, pay Euro Coffee for the Equipment as set out in the agreement; and
prior to the conclusion of the Term, the Customer must, in addition to its obligations pay an early termination fee to Euro Coffee to be calculated by reference to the formula set out in the agreement.

(Change of Ownership) If the Customer agrees to sell, assign, or otherwise transfer its business to a third party and that party does not enter into an agreement with Euro Coffee (on the same or similar terms and conditions as the Agreement) for at least the balance of the Term, the Customer must:
Notify Euro Coffee in writing that the Customer has agreed to sell, assign, or otherwise transfer its business to a third party within 5 business days of entering into that agreement; and
Comply with the obligations set out in the agreement (including the early termination obligations as set out.

 


Consignment of Equipment

Ownership of all equipment; point of sale materials; marketing collateral and service products remain with Euro Coffee LLC for the entire duration of the consignment period.

Any cost related to carelessness in safeguarding the machine will be charged to the customer.
All ingredients, disposable and consumable products used int eh consigned equipment must be purchased from Euro Coffee LLC only. If a customer fails to do so the Euro Coffee reserve the right to charge the customer a penalty equivalent to the estimated value of the alternative products used or schedule the removal of the equipment and terminate the agreement with immediate effect.
The customer should give written notice of 21 days before the end of the contract period.
If the customer wishes to terminate their contract at any time during the contract period, it is possible to do so with a written notice of 21 days.
EuroCoffee LLC does not refund for unused products at any time unless the contract is terminated by EuroCoffee LLC without justification.
EuroCoffee LLC guarantees product supply throughout the contract period. At any such time as products are not available, an alternative solution shall be provided, and the customer shall be given sufficient warning.
EuroCoffee LLC reserves the rights to remove their machines at any time during the consignment period with a 21-day notice period.

 1.1.2 grants to the Customer a non-exclusive license to use the Equipment (if any) at the Locations set out in Item 4 of Schedule 1 for the duration of this Agreement (which, unless otherwise agreed under this Agreement, always remains the property of Euro Coffee);

1.1.4 is to service the Equipment at its cost at least once every 12 months or on the anniversary of the Commencement Date, whichever occurs first.

1.2.2 not at any time mortgage, charge or encumber in any way, pledge, sell, transfer, assign, hire, loan, sub-license or give the Equipment or Promotional Advertising and Support Materials to any person, or part with or share possession of the Equipment or Promotional Advertising and Support Materials, or do anything which may affect Euro Coffee  ’s interest in the Equipment or Promotional Advertising and Support Materials, without the written consent of Euro Coffee  ;

1.2.3 procure that its employees, contractors, and personnel comply with Euro Coffee ’s reasonable requirements and instructions in respect of the Equipment and Promotional Advertising and Support Materials.

1.2.4 not permanently mark, drill into, deface, remove, or alter in any way part or all the Equipment;

1.2.5 use the Equipment only for the purpose for which it is designed;

1.2.6 accept full responsibility for the safe-keeping of the Equipment during the operation of this Agreement; and

1.2.7 return the Equipment to Euro Coffee   at the end of this Agreement or otherwise as set out in this Agreement.

3.7.2 The Equipment always remains the absolute property of Euro Coffee and title to the Equipment do not pass from Euro Coffee to the Customer.

3.8 (Property Security Interest)

3.8.1 Retention of Property: The Customer acknowledges and agrees that retention of title provision granted by the Customer to Euro Coffee, as the secured party, over the Equipment. The Customer will continue to ensure Euro Coffee ’s priority against any subsequent security interest and/or purchase money security interest over where the Customer is the grantor of that security interest.

The Customer, for the purposes of preserving Euro Coffee ’s interests, will on receipt of Equipment ensure such goods are kept separate from goods where the Customer has clear property or title in the goods. In the event that Euro Coffee  ceases to supply the Product to the Customer pursuant to this Supply Agreement or an insolvency event occurs in respect of the Customer (meaning any step is taken for the liquidation or administration of the Customer or the appointment of a receiver, receiver, and manager or other controller to any of the Customer’s assets), then Euro Coffee  and its employees or agents shall have the right to enter without notice, upon the Customer’s premises or any premises where the Equipment is known to be stored to repossess the Equipment and for this purpose, the Customer grants reasonable access rights to Euro Coffee  and its employees or agents shall be entitled to do all reasonable things necessary to secure re-possession.

 3.6 (Risk and Insurance) Risk in the Equipment passes to the Customer upon delivery by Euro Coffee at the Customer’s Delivery Address. The Customer must insure the Equipment with an insurance Euro Coffee  approved by Euro Coffee  against all usual risks (including against loss, damage fire, theft or destruction) for its full replacement value and for all third-party public liability risks in respect of the use of the Equipment by the Customer in an amount sufficient to cover all Loss that Euro Coffee  may suffer from the loss, damage or destruction of the and must supply to Euro Coffee  on demand a copy of a certificate in relation to such policy. Euro Coffee is entitled to the proceeds of any insurance claim in respect to damage to or loss or destruction of the Equipment.

3.7 (Right and Title in the Product and Equipment)

3.7.1 Neither ownership of nor property in the Product delivered by or on behalf of Euro Coffee to the Customer passes to the Customer until the Customer has paid all monies owing by the Customer to Euro Coffee on all accounts.

 


Consignment Equipment

Ownership of all equipment; point of sale materials; marketing collateral and service products remain with Euro Coffee LLC for the entire duration of the consignment period.

Any cost related to carelessness in safeguarding the machine will be charged to the customer.
All ingredients, disposable and consumable products used in the consigned equipment must be purchased from Euro Coffee LLC only. If a customer fails to do so the Euro Coffee reserve the right to charge the customer a penalty equivalent to the estimated value of the alternative products used or schedule the removal of the equipment and terminate the agreement with immediate effect.

EuroCoffee LLC reserves the right to remove their machines at any time during the consignment period with a 30-day notice period.

Euro Coffee shall:
grant to the Customer a non-exclusive license to use the Equipment at the Locations agreed for the duration of this Agreement (which, unless otherwise agreed under this Agreement, always remains the property of Euro Coffee);
is to service the Equipment at its cost at least once every 12 months or on the anniversary of the Commencement Date, whichever occurs first.
The customer shall:
not at any time mortgage, charge or encumber in any way, pledge, sell, transfer, assign, hire, loan, sub-license or give the Equipment or Promotional Advertising and Support Materials to any person, or part with or share possession of the Equipment or Promotional Advertising and Support Materials, or do anything which may affect Euro Coffee ’s interest in the Equipment or Promotional Advertising and Support Materials, without the written consent of Euro Coffee ;

procure that its employees, contractors, and personnel comply with Euro Coffee ’s reasonable requirements and instructions in respect of the Equipment and Promotional Advertising and Support Materials.

not permanently mark, drill into, deface, remove, or alter in any way part or all the Equipment;

use the Equipment only for the purpose for which it is designed;

accept full responsibility for the safe-keeping of the Equipment during the operation of this Agreement; and

return the Equipment to Euro Coffee at the end of this Agreement or otherwise as set out in this Agreement.


Credit Applications & Conditions

(Terms of Credit) The terms of this Agreement apply in addition to any terms and conditions of credit extended by Euro coffee to the Customer.

Without prejudice to any other rights of Eurocoffee, if a Customer does not pay any monies owed under any agreement within the time specified then Eurocoffee may withdraw service, supply, and assets at their sole discretion.

 


Definitions & Interpretation

For clarity the following definitions apply to these terms and conditions, unless the contrary intention appears:

Business Day means a day on which businesses are open for general operation in the U.A.E. other than a Friday, Saturday, or public holiday.

Confidential Information means and includes:

all information and materials in any format concerning Euro Coffee ’s accounts, finances, business plans, trade secrets, manufacturing processes, formulae, marketing or sales plans, research, management, products, designs, inventions, The Customer lists, supplier information; databases, records, reports, and software; any other information which would be regarded as confidential information in equity, except insofar as any of the above is public knowledge at the date of this Agreement or becomes public knowledge other than by way of a breach of this Agreement.

Event of Insolvency means any one or more of the following: In the case of a corporation: the appointment of a liquidator, provisional liquidator, administrator or deed administrator to the corporation or any of its assets; the appointment of a receiver or receiver and manager (whether by any Court or pursuant to any instrument or however otherwise) to the corporation or any of its assets; any mortgagee or charge by itself or an agent taking possession of all or any part of the corporation's assets; an application is made to any Court for an order or an order is made, or a meeting is convened, or a resolution is passed for the appointment of a liquidator, provisional liquidator or administrator to the corporation or an order is made for the winding up of the corporation;

the corporation becomes or is declared insolvent within the meaning of any applicable law or is deemed unable or admits its inability to pay its debts as they fall due; and

 

Force Majeure includes any act of God including lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, act of war, terrorist action, revolution or any unlawful act against public order or authority, industrial dispute not caused by either of the parties, governmental restraint or any other event which is not within the reasonable control of either party.

VAT means the Value added tax and the related laws imposed by the local and federal government.

Intellectual Property means all patent, copyright, design, trademark, and other industrial or intellectual property rights and know-how of a party whether registered or unregistered and whether capable of registration or otherwise.

The loss means all liabilities (whether actual, contingent or prospective), losses, damages, costs, and expenses of any description.

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