Terms and Conditions of Subscriptions – Hummingbird Coffee

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Terms and Conditions of Subscriptions

TERMS & CONDITIONS FOR HUMMINGBIRD SUBSCRIPTION PLANS

Please read these terms and conditions carefully before signing up for a Hummingbird Subscription Plan. By signing up for a Hummingbird Subscription Plan, you are agreeing to these terms and conditions.

  1. INTRODUCTION

1.1 The Hummingbird Subscription Plan service is offered subject to these terms and conditions by JACOBS DOUWE EGBERTS NZ, based at 43 Crooks Road, East Tamaki, Auckland, New Zealand and references to "we", "us", "our" and similar expressions should be read as references to that company. These terms and conditions apply in addition to the General Terms and Conditions of Sale at https://www.hummingbirdcoffee.com/terms. In the event of any inconsistency, these terms and conditions for the Hummingbird Subscription Plans shall prevail.

 

1.2 References in these terms and conditions to "you", "your" and like expressions means the person or company placing an order with us subject to these terms and conditions.

 

1.3 Hummingbird sells coffee and other beverage-related and Hummingbird-related items ("Products") as may be listed from time to time on our website at https://www.hummingbirdcoffee.com/ ("our Website").

 

  1. Hummingbird Subscription Plans

1.1 You may choose from the following variations of the Hummingbird Subscription Plan, which would allow you to automatically order and receive our Products (any quantity of any Product) at home, as follows:-

  • Subscription Formula A = An order is automatically placed every 7 days
  • Subscription Formula B = An order is automatically placed every 14 days
  • Subscription Formula C = An order is automatically placed every 30 days

1.2 By signing up for a Hummingbird Subscription Plan, you undertake to purchase the selected Products in the selected quantity and for recurring orders every 7/14/30 days depending on the Subscription Formula chosen. Hummingbird Subscription Plans are valid for an indefinite period and can be terminated by you at any time, at no cost to you. To terminate, simply log into your Hummingbird account (https://www.hummingbirdcoffee.com/) and click “Manage Subscriptions” and “Cancel Subscription Order”). 

1.3 The order frequency,  billing cycle as well as the costs associated with your Hummingbird Subscription Plan depends on the specific Subscription Formula chosen.

 

  1. Who can subscribe to one of our Subscription offers?

2.1 Subscribers must be at least 18 years old, have a Hummingbird account and reside in New Zealand. You can create an account at https://www.hummingbirdcoffee.com/. 

 

  1. Charges and information

3.1Due to the fact that our Hummingbird Subscription Plan service is offered and managed by Jacobs Douwe Egberts NZ, any payment made from outside of New Zealand may constitute an international transaction which may be charged by your bank with additional fees.

3.32Our Hummingbird delivery charges are liable to change at any time.

3.3We offer no guarantee of availability of your Product of choice and will provide you with a substitute should your Product of choice be out of stock, or we will provide you with a refund.

 

 

  1. Orders & Delivery

4.1 The frequency of delivery depend on the Subscription Formula chosen (see Section 1).  Typically, our Standard Delivery Service is 5-10 working days from the day your order *is placed.  If we think delivery may be delayed for some reason, we will try to contact you.

4.2 By subscribing to a Hummingbird Subscription Plan, recurring orders for your Product(s) of choice will be placed as follows :

  • Subscription Formula A: Your order of Hummingbird coffee will be placed every 7 days
  • Subscription Formula B: Your order of Hummingbird coffee will be placed every 14 days
  • Subscription Formula C: Your order of Hummingbird coffee will be placed every 30 days

4.3 We will endeavour to deliver your Product(s) of choice as part of your Hummingbird Subscription Plan. In the unlikely event of any Product being out of stock at the time we will notify you of this and provide you with an option for a substitute Product, or a refund on the Product that is out of stock.

4.4 We regret we are unable to accept orders for delivery to an address containing a PO Box Number, or from persons placing an order whose address contains a PO Box Number. There may be other types of addresses to which, from time to time, we are not able to accept orders for delivery.

 

4.5 Subject to clause 4.4 above, deliveries will be made to the address that you have nominated. The Products will be at your risk from the time of delivery. In the event that you select a business address, we shall be deemed to have delivered the Product to its intended recipient by delivering it to the reception area at the business address. However, if an express delivery has been selected, your signature will be required or the Products will not be delivered.

4.5 Standard Delivery Service in the New Zealand:

(a)A "working day" is any day (other than a Saturday, Sunday or public holiday in New Zealand (depending on where delivery is to be made)).

(b)Delivery charges will be calculated at the time of check-out and will be dependent on the weight of the Products and the location of delivery.

(c)No deliveries are made on Saturdays, Sundays or public holidays in the New Zealand (depending on where delivery is to be made).

(d)Please note if you order from our Website, we can only deliver to a valid address located within New Zealand.

 

  1. Billing

5.1. You can sign up for a Hummingbird Subscription Plan online using our Website. By placing an order for a Hummingbird Subscription Plan on our Website you represent and warrant that you have the legal right our authorisation to use the payment methods you have selected.

5.2 To ensure your order is dealt with promptly, we require your full, correct address details, including a New Zealand postcode, a day time contact telephone number and your e-mail address (if you have one). The billing address you provide to us must be the same as the billing address you have notified to and registered with your selected credit/debit card company or other payment services provider as this is used to validate your order for the Hummingbird Subscription Plan.

Your order will only be processed if full payment details are given. Failure to supply the correct details will result in your order being held pending the supply of the correct details. Please ensure that the details you provide us with are correct. We do not accept responsibility for an order for a Hummingbird Subscription Plan being held back as a result of incorrect or invalid payment details being given.

5.3 We use an external payment services provider (“PSP”) to process payments. On placing your order using our Website, the final step in the ordering process will result in your order being handed over to the PSP's website for payment. You may pay using any of the payment methods listed on the PSP's page after your order is transferred to their website for payment.

5.4. By signing up for a Hummingbird Subscription Plan, you acknowledge and agree that we or our payment service provider are authorized to charge you on a recurring basis for your Hummingbird Subscription Plan. The Hummingbird Subscription Plan has recurring charges that will be billed to you at the time each recurring order is placed.

5.4 For all Hummingbird Subscription Plans, billing will occur every 7 days , 14 days  or 30 days depending on the Subscription Formula selected, at the time the reoccurring order is placed. Information relating to payment and delivery will be communicated by email and indicated on your personal Hummingbird account. If these dates change, you will be notified as soon as possible.

5.5. If for any reason payment fails, we will temporarily stop shipping any Products to you until payment is successful. In this case, you can contact our New Zealand Careline (0800 423 269 or at nz-customerservices@jdecoffee.com). If, despite our reminders, payment is not made within 3 (three) days, your Hummingbird Subscription Plan will be temporarily suspended.

5.6. If, despite our reminders, payment is not made within one month after we send the first reminder, we will be entitled to transfer the unpaid debt corresponding to all the sums remaining to be paid to a collection agency for treatment. In this case, you may be liable for costs for prosecution by the collection agency and for legal representation.

  1. General6.1. We reserve the right to modify, add or amend certain elements of these Terms and Conditions, at any time and for any reason whatsoever. It is your responsibility as a customer to check these changes on the documents available on our Website, or by contacting New Zealand Careline directly.

6.2. We reserve the right to modify the terms and conditions of the Subscription Formula and Hummingbird Subscription Plan. In this case, we will send you a notification to the email address associated with your subscription order and/or your account, indicating the changes and the date on which these changes will take effect. If you do not wish to accept these changes, you may terminate your Hummingbird Subscription Plan before the effective date of the changes.

6.3. We reserve the right to suspend, restrict or terminate access to the Hummingbird Subscription Plan at any time, for any reason.

 

6.4. These terms and conditions and all matters relating to orders using our website or using our New Zealand Careline shall be governed by New Zealand law and the competent court in New Zealand shall have exclusive jurisdiction over any disputes.

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