Subscription terms

In short — the essentials of the subscription

• Subscribe Coffee: the chosen coffee or capsules are paid once a month, on the day of the month the subscription was activated, and shipped to your address so that they arrive on the first Monday of the month, and within 1–3 working days at the latest, with free delivery.
• The subscription renews automatically and is charged to the user's card until the user cancels it. The date of the next charge is always shown in the user account.
• You can cancel at any time, with one click in the user account on the website. A cancellation made at least 48 hours before the charge takes effect at the end of the period already paid, and until then the user receives the shipment already paid for; a later cancellation takes effect from the following period. Money for the current period is not refunded.
• The subscription can be paused for 1–3 consecutive deliveries, at least 48 hours before the charge.
• Within 14 days of receiving the first shipment the consumer may withdraw from the contract; the price of unopened packs is refunded.
• If Kafeterija cannot provide the service (for example, a paid shipment cannot be delivered), it refunds a proportionate part of the price or extends the period.

1. Service provider and scope of these terms

PART I — GENERAL PROVISIONS

1.1. The Subscribe subscription is provided by Kafeterija&Love&Brands d.o.o., seated in Belgrade, Studentski trg 15, 11000 Belgrade, company number 20982187, tax ID 108353310 (hereinafter: “Kafeterija”). Subscription contact: aplikacija@kafeterija.com.

1.2. These terms govern Subscribe Coffee — the periodic purchase and delivery of coffee beans, ground coffee or capsules to the user's address (Part II).

1.3. These terms apply to contracts with consumers, that is, natural persons who use the subscription for their personal needs and not within a business or other commercial activity. Sole traders and legal entities are subject to the Subscribe subscription terms for business users.

1.4. Matters not governed by these terms are subject to Kafeterija's General terms of use and online sale, the Complaints and withdrawal policy and the Privacy policy. If those documents and these terms differ, these terms prevail as regards the subscription.

1.5. No provision of these terms excludes or limits the rights the consumer has under the mandatory regulations of the Republic of Serbia.

2. Definitions

3. Who may use the subscription

3.1. The subscription may be activated by an adult natural person who has an Account and a valid payment card. Each Account belongs to one person.

3.2. A user may have one or more Subscribe Coffee subscriptions at the same time.

4. Activating the subscription and concluding the contract

4.1. Before activation the Website clearly shows the user: the name and content of the Package, the price per billing period including VAT, the length of the billing period, that the subscription renews and is charged automatically, the date of the first charge and the rule for subsequent charges, how to cancel, the right of withdrawal and the key limitations.

4.2. The user activates the subscription by accepting these terms, confirming the required statements and pressing the “Activate subscription and pay” button, next to which the amount in dinars is stated. By pressing that button the user undertakes the obligation to pay.

4.3. The contract is concluded when Kafeterija confirms the activation on the Website after a successful first charge. Kafeterija sends the user a confirmation by e-mail without delay, with the basic details of the subscription, these terms and the withdrawal form, in a form that can be saved (PDF).

4.4. Kafeterija keeps a record of which version of the terms the user accepted, and of the date and time of activation.

5. Price

5.1. The subscription price is stated in dinars, VAT included. For Subscribe Coffee delivery is included in the price, unless shown otherwise before activation.

5.2. The subscription price is a special price for subscribers. It applies while the subscription lasts and may be changed only as set out in point 10.

5.3. The price valid on the day of activation applies to all billing periods until it is changed in accordance with point 10.

6. Duration and automatic renewal

6.1. The subscription is concluded for an indefinite period and consists of consecutive billing periods. The first period begins on the day of activation.

6.2. On every Renewal date the subscription automatically renews for the next billing period and is charged, until the user cancels it (point 8) or it ends in another way provided for in these terms.

6.3. The Renewal date is the same day in each following month as the day of activation. If a month has no such day (for example, the 31st), the Renewal date is the last day of that month.

7. Payment and authorisation for recurring charges

7.1. The subscription is paid by payment card, through the authorised payment service provider Banca Intesa a.d. Beograd (AllSecure payment gateway).

7.2. The first charge is made at activation, with the cardholder's identity confirmed in the way the issuing bank prescribes (for example, 3-D Secure). By activating the subscription the user authorises Kafeterija to initiate a charge of the Package price on the same card on every Renewal date, without separate confirmation of each charge, until the subscription ends.

7.3. Payment card data is received and stored exclusively by the payment service provider, in protected (tokenised) form. Kafeterija and its technical partners have no access to the full card number or the security code.

7.4. The user may change the card that is charged in the Account at any time. The change applies from the next charge.

7.5. The date and amount of the next charge are always visible in the Account. If the amount of the next charge differs from the previous one (for example because of a price change or the end of a promotional period), Kafeterija informs the user in advance in accordance with point 10.

7.6. For every charge Kafeterija issues a receipt in accordance with the fiscalisation regulations and delivers it to the user by e-mail.

Failed charge

7.7. If the charge on the Renewal date fails (for example, because the card has expired or there are insufficient funds), Kafeterija informs the user and retries the charge up to 3 times over the following 7 days. During that time the user may enter another card.

7.8. Until the charge succeeds, the shipment is not sent. If the charge fails after the last attempt as well, charging and shipping are suspended, and Kafeterija informs the user. The user owes nothing for a period that has not been charged and may reactivate the subscription by entering a new card in the Account.

8. Cancelling the subscription

8.1. The user may cancel the subscription at any time and without giving reasons: in the Account, by choosing “Cancel subscription”, or by a message to aplikacija@kafeterija.com. Cancelling is as simple as activating and does not require contact by phone.

8.2. A cancellation takes effect at the end of the current billing period. Until then the user receives the shipment already paid for. After that there are no new charges.

8.3. To prevent the next charge, the cancellation must be made at least 48 hours before the Renewal date. A later cancellation takes effect from the following billing period.

8.4. Cancelling does not refund the price of the current billing period already paid. This does not apply to the statutory right of withdrawal (point 26), when Kafeterija cannot provide the service (point 11) and to a justified complaint (point 12).

8.5. Kafeterija confirms the cancellation by e-mail without delay, with the date until which the subscription is valid and a note that no further charges will be made.

9. Changing the Package

9.1. The user may change the Package in the Account. The change applies from the next Renewal date if it is made within the deadline in point 8.3. Before the change is confirmed, the new Package, the new price and the date from which it applies are shown.

10. Changes to the price and terms

10.1. Kafeterija may change the price or other subscription terms only for future billing periods and only for justified reasons: a change in the cost of buying coffee, raw materials, energy or labour, a change in taxes or regulations, or a change in the content of the service.

10.2. Kafeterija informs the user of the change by e-mail and in the Account at least 30 days before the first Renewal date the change applies to. The notice states the new price or term, the date from which it applies and how to cancel.

10.3. A user who does not accept the change may cancel the subscription free of charge before the Renewal date from which the change applies. If the user does not cancel, the change applies from that Renewal date.

10.4. The price of the current, already paid billing period cannot be changed.

10.5. Changes that are solely to the user's benefit or that follow from mandatory regulations may also apply earlier, with notice to the user.

11. When Kafeterija cannot provide the service

11.1. If, because of circumstances on its side or force majeure, Kafeterija cannot provide the paid service (for example, if a paid shipment cannot be delivered), the user may choose between a proportionate extension of the billing period and a refund of a proportionate part of the price. If the user does not choose, Kafeterija extends the period.

11.2. If Kafeterija decides to stop offering the subscription, it informs the user at least 30 days in advance. After the notice there are no new charges, and a proportionate part of the price for the unused part of the period is refunded.

12. Complaints and billing errors

12.1. The user may make a complaint about the service, the goods delivered or a charge at aplikacija@kafeterija.com or in writing to Studentski trg 15, 11000 Belgrade. Kafeterija acts within the deadlines and in the way described in the Complaints and withdrawal policy.

12.2. If the user is charged twice, with a wrong amount or after a cancellation made in time, Kafeterija refunds the wrongly charged amount to the same card without delay.

13. Misuse, suspension and termination by Kafeterija

13.1. Sharing the Account with other persons, interfering with or circumventing technical limitations, and paying with a card without its owner's authorisation are prohibited.

13.2. If there is a well-founded suspicion of misuse, Kafeterija may temporarily suspend the subscription. It informs the user of the reason and gives them 5 days to respond. Suspension without prior notice is possible only when it is necessary to prevent fraud or damage.

13.3. In the case of serious or repeated misuse Kafeterija may terminate the contract by written notice. In that case it refunds a proportionate part of the price for the unused part of the period.

13.4. The measures in this point are applied proportionately and are not used to deny the consumer's statutory rights.

14. Protection of personal data

14.1. Kafeterija processes users' data for activating, charging and using the subscription, delivery and customer support, in accordance with the Privacy policy. Consent to marketing messages is not a condition of the subscription.

15. Right of withdrawal — general rules

15.1. The consumer has the right to withdraw from a subscription contract concluded through the Website within 14 days, without giving reasons, in the way and with the consequences described in point 26.

15.2. Withdrawal is declared with the “I withdraw from the contract” option in the Account, by sending the withdrawal form or by any other unambiguous statement to aplikacija@kafeterija.com or Studentski trg 15, 11000 Belgrade. Kafeterija confirms receipt of the statement by e-mail without delay. The deadline is met if the statement is sent before it expires.

15.3. The refund is made without delay and no later than 14 days after the withdrawal statement is received, to the same card the payment was made with, at no cost to the consumer.

15.4. The right of withdrawal exists at the first activation of the subscription and at a new activation after an earlier subscription has ended. An automatic renewal is not a new contract and does not open a new withdrawal period.

15.5. If the user has withdrawn from a subscription contract twice within a period of 12 months, Kafeterija may refuse to conclude a new subscription contract with that user for the following 6 months. Another Account linked to the same payment card or phone number is considered the same user. This provision does not limit the user's right to withdraw from a contract already concluded.

16. Notices

16.1. Kafeterija sends subscription notices to the e-mail address in the Account and in the Account. The user must keep their e-mail address in the Account up to date.

17. Out-of-court dispute resolution, governing law and jurisdiction

17.1. A consumer who has first made a complaint or objection may start an out-of-court consumer dispute resolution procedure before a body on the list of the ministry responsible for consumer protection https://must.gov.rs. Kafeterija must take part in that procedure. The procedure is free of charge for the consumer.

17.2. These terms are governed by the law of the Republic of Serbia. These terms do not change the statutory rules on the jurisdiction of courts for consumer disputes.

18. Changes to these terms

18.1. Point 10 applies to changes to these terms that affect existing subscriptions. For new users changes apply from publication. Every version states the date from which it applies.

19. What the subscription includes

PART II — SUBSCRIBE COFFEE (DELIVERY TO YOUR ADDRESS)

19.1. The user chooses the type of coffee (beans, ground or capsules), the variety and the quantity per delivery, according to the offer and prices shown on the Subscribe Coffee page before activation. Delivery within the Republic of Serbia is included in the price.

20. Charging and delivery schedule

20.1. The billing period is one month. The charge is made once a month, on the Renewal date, and the shipment paid for that period is delivered on the first Delivery date after the successful charge.

20.2. The first shipment is delivered on the first Delivery date after activation.

21. Pausing

21.1. The user may pause the subscription in the Account for 1–3 consecutive deliveries, at least 48 hours before the Renewal date. During the pause there are no charges and no deliveries.

21.2. When the pause ends the subscription resumes automatically. Kafeterija informs the user at least 3 days before the first charge after the pause.

22. Changing the variety, quantity or address

22.1. Changes are made in the Account and apply to the next shipment if they are made at least 48 hours before the Renewal date.

23. Chosen coffee unavailable

23.1. If the chosen coffee is temporarily unavailable, Kafeterija will not replace it with another without the user's prior consent, unless the user has allowed replacement with a coffee of the same or higher value in advance in the Account. Without consent, the shipment and the charge for that period are skipped, or Kafeterija refunds the amount charged.

24. Delivery and receipt

24.1. The user must provide an accurate address and contact phone. If a shipment is returned because the address is wrong or the user did not collect it, Kafeterija informs the user and sends the shipment again for a redelivery fee of RSD 400, or, at the user's request, refunds the amount paid less that cost.

24.2. Visible damage to a shipment should preferably be reported as soon as possible, so it can more easily be established with the courier. Failing to report damage to the courier does not take away the user's statutory rights.

25. Conformity of goods

25.1. Kafeterija is liable for the conformity of every shipment in accordance with the law and the Complaints and withdrawal policy. The costs of a justified complaint are borne by Kafeterija.

25.2. The consumer may send non-conforming goods at Kafeterija's expense through the postal operator Kafeterija has a contract with, in the way described in the Complaints and withdrawal policy.

26. Right of withdrawal for Subscribe Coffee

26.1. The consumer may withdraw from the contract within 14 days of the day they received the first shipment. It is also possible to withdraw before the first shipment is received.

26.2. Coffee beans and ground coffee are delivered in sealed bags, and capsules are individually sealed. An opened bag of coffee or an opened capsule is food that cannot be returned and put back on the market for health protection and hygiene reasons, so there is no right of withdrawal for opened bags and capsules. A box of capsules may be returned if the capsules in it are unopened. The consumer returns unopened packs no later than 14 days after the withdrawal statement, to Ljutice Bogdana 1a, 11000 Belgrade.

26.3. The direct cost of returning the goods is borne by the consumer.

26.4. Kafeterija refunds the price of unopened packs in accordance with point 15.3, and may withhold the refund until it receives the goods or proof that they have been sent. Withdrawal ends the subscription.