TABLE OF CONTENTS
1. Introduction
2. The Service
3. Pre-ordering
4. Subscription
5. Prices
6. Payment: Charging your Coffee Card and payment via debit and credit card or membership
7. Confirmation of completed purchase
8. Right of withdrawal and refund
9. Terminate your Membership or your Subscription
10. Complaints
11. Your personal information
12. Amendment of the Terms
13. Technical problems, deviations in our offers and extraordinary circumstances
14. Intellectual property rights
15. System requirements
16. Links
17. Fraud
18. Assignment
19. Applicable law, disputes and complaints management
20. Contact us
1. INTRODUCTION
1.1 These general terms and conditions (the "Terms") apply when we, EH Group AB, registration no. 556903-5578, ("Espresso House"), provide offers (incl. the opportunity to sign up for a subscription), discounts and gifts to our members as a part of our loyalty program, My Espresso House, via the Espresso House app (the "App"), (the "Service"). Information in the App, such as additional information and terms about our various subscriptions, complements these Terms. In the event of any conflict between information in the App and information in these Terms, the information in the App shall take precedence.
1.2 The terms "we, ours, our and us" used in these Terms refer to Espresso House.
1.3 To connect to the Service, including our subscriptions, you must be at least 18 years of age. If you are under 18 years of age, you must have the consent of your parents or guardians. Legal entities cannot become members of the Service. By connecting to the Service and joining our loyalty program, including signing up for our subscriptions, you accept our Terms and therewith certify that the information you provide about yourself is correct.
2. THE SERVICE
General
2.1 By creating an account in the App and therewith becoming a member, you gain access to the Service. You become a member by providing your mobile telephone number in the App.
2.2 As a member of the Service, you can take advantage of personal offers based on your previous purchase history and the choices you make when you use offers in our coffee shops. Our offers are also based on availability and are subject to change at any time without notice. For you who have signed up for a membership in the App, you may also sign up for our subscriptions and pre-order your products and pick them up in any coffee shop (see more about these parts below).
2.3 If you are a student, you will receive access to selected student offers and discounts if you can show a valid student ID via the App.
2.4 You can take advantage of these offers by making payment with your debit or credit card in the App or by first activating the offer in the App and then paying with your digital Coffee Card or scanning the barcode for your membership in one of our coffee shops.
2.5 The offers and discounts that you may take advantage of through the Service are personal and can only be used by you. Detailed information regarding the offers will be available in the App or on our website.
2.6 You can only take advantage of your offers during the period they are available through the Service. If you do not take advantage of an offer during the period it is available through the Service, you will not be able to take advantage of this at a later date.
2.7 The Service can be used at those of our coffee shops that are connected to the loyalty program. For information about international availability, please see information on our website.
2.8 You choose whether you want to allow us to send push notifications with information about offers available to you. By activating push notifications, you give us permission to send you messages with offers available. You may also choose whether you want to activate offers based on your location data. By activating this additional service, you allow us to see and register the location of your mobile phone. Based on this information, we will be able to offer you specific discounts based on your current location.
Other features in the App: Gifts for you and other members
2.9 You can top-up another person's digital Coffee Card in the App by providing the payment method and mobile telephone number of the person whose digital Coffee Card you wish to top-up. The minimum amount is stated in the App and you can ask one of our baristas about it.
2.10 When you, as a member, make a purchase of a certain amount in one of our coffee shops, you will receive a digital "stamp" on your membership account. There may be certain restrictions on the number of stamps that you may receive during a certain period. When you have collected a certain number of stamps you will receive a gift. See further details on the purchase amount needed in order to receive a stamp, the number of stamps needed in order to receive a gift etc. in the App, on our website or in our coffee shops.
2.11 If you enter your date of birth in the App, you will receive a gift as your birthday present displayed in the App.
2.12 You can send gifts to other members by entering their mobile phone number and selecting an item that you would like to send as a gift. The member will then receive the gift as a digital offer in the App, which he/she can subsequently take advantage of in our coffee shops. You can do this by entering the mobile phone number of the person you would like to send the gift to. To do this your digital Coffee Card must be charged with the amount of the value of the gift. Certain restrictions apply on our offers, see clause 6.3 below, and therefore discounts cannot be used when sending a gift.
2.13 You can send an invitation to someone you know, who is not a member, and as a thank you for inviting more people to My Espresso House family, you will receive a gift! You do this by entering the mobile phone number of the person you want to invite. The person will then receive an invitation via sms. If the person becomes a member via your invitation, you will receive a gift to your membership account.
2.14 Please note that telephone numbers will not be stored when you use them in our sharing function. Please read our Privacy Policy for more information about what our processing of your personal information means for your privacy and what rights you have in connection with this, and how you can check how your personal data is used.
3. PRE-ORDERING
3.1 You can pre-order food and beverages in the App from a coffee shop close to you.
3.2 When you place an order via the App, you enter into a binding agreement to purchase the product at a set price at the time of the order. You will be charged in full for your products ordered when you place the order, whether or not you pick up your order.
3.3 When you place an order, you can specify your location, which makes it possible for us to show the coffee shops in your vicinity. You may also need to provide us with additional information such as debit card details or access to your Swish account, depending on the payment option that you choose. You hereby guarantee that all such information is correct and ensure that the information is kept current.
3.4 When you place an order, you will be offered a choice of coffee shops where you can pick up your order. We will show the coffee shops that are in your vicinity and the coffee shops you usually visit. After selecting the coffee shop you want to pick up your order from, you can place an order from our menu. After you have placed your order, you are obliged to pick it up from the selected coffee shop. The selected coffee shop will prepare orders in the order they are received. You will receive a message with the estimated time it takes for the order to be completed and ready for collection. Please note that the estimated waiting time in the App may change. We do not guarantee, and have no responsibility that your order will be ready when the estimated waiting time is over. Espresso House reserves the right to terminate your order if you have not picked it up within 20 minutes of placing your order.
3.5 Acceptable payment methods are debit and credit card, payment from your digital Coffee card, and other payment solutions provided by Espresso House.
3.6 You do not have the right to cancel your order, see further in section 8 below. For information regarding your right to complain, see section 10 below.
4. THE SUBSCRIPTION
4.1 The App allows you to sign up for a subscription, which, until further notice, gives you the right to - during a period of at least 30 days - pick up the product(s) that are included in your subscription in question at any Espresso House café© in Sweden during our opening hours (the "Subscription"). The App contains additional specific information about our various Subscriptions, such as which products that are included, how often you may pick up a new product etc., which complements these Terms.
4.2 The Subscription works so that you will receive a coupon in the App, which you may scan at the checkout in the coffee shop when you pick up your product, or use through Pre Order. After you have used the coupon, you will automatically receive a new coupon in the App within the time specified in the App for your Subscription.
4.3 The Subscription is personal and may not be used by anyone other than yourself. You may not assign your Subscription to another person or purchase a product that is to be used by another person.
4.4 The subscription is valid in the country where you purchased the subscription. Example: If you have purchased the subscription in a Swedish app, the subscription can only be used in Sweden.
4.5 If you have an active subscription of Classic, Favourite or Special, you can upgrade to a drink that is included in Premium for SEK 25, NOK 25, DKK 25, € 2,5. The upgrade only applies to one drink per purchase. If the purchase includes a drink that is included in your active subscription, you cannot upgrade an additional drink in the same purchase.
4.6 Espresso House reserves the right not to serve a product included in your Subscription, for example if the product is sold out, but will then offer you another similar product.
4.7 Payment takes place in advance for the next 30-day period through deducting from your linked debit or credit card. If you have not cancelled the Subscription in accordance with clause 9 below, your card will thereafter be debited every 30 days without you specifically being informed of this. You will, however, be notified if we adjust our prices.
4.8 In the event that we cannot debit the agreed amount from your card, we will contact you. If we are still unable debit the agreed amount, your Subscription will expire at the end of the current 30-day period.
4.9 For information about your right of withdrawal and your right to cancel or complain about your Subscription, see section 8-10 below.
5. PRICES
5.1 It is completely free of charge to become a member of the Service. However, your mobile or internet operator may charge a fee when you use the Service via the App, and your bank can charge a fee for card payments.
5.2 Our prices are listed in the App and include VAT. If the VAT changes, we reserve the right to change the prices accordingly.
5.3 We reserve us for any typing errors and incorrectly stated prices in the App.
6. PAYMENT: CHARGING YOUR COFFEE CARD AND PAYMENT VIA YOUR DEBIT AND CREDIT CARD OR MEMBERSHIP
Digital Coffee Card
6.1 In the App you receive access to your own digital Coffee Card. You can refill your Coffee Card in advance or top-up the card with any amount. The minimum amount, which is subject to change, is stated in the App and you can ask any of our baristas.
6.2 If you have refilled your digital Coffee Card with an amount in advance, you can use it to pay in our coffee shops. When you pay with the amount on your Coffee Card, you will receive a discount on food and beverages, with reservation for the restrictions set out below. If you would like to pay with your digital Coffee Card, tell the barista that you wish to use this payment method. Thereafter scan the barcode shown in the App for your membership, which is connected to your digital Coffee Card. The discount applies to ordinary prices and may not be combined with other offers or menus, such as breakfast menus. Products that are not food or beverage items are not included in the discount, unless it is specifically stated. There are certain exceptions with respect to discounts for our assortment of coffee and tea products, which you will receive information about before you make your purchase.
6.3 Topping-up your Coffee Card, or refilling it in advance, means that you transfer an amount to your digital card so that you can use the amount on the card at a later time to pay for your purchases in our coffee shops. You can top-up your digital Coffee Card by connecting your debit and credit card, or through any other payment solution provided by Espresso House, to your digital Coffee Card via the App, and thereafter choose the amount you want to transfer to your Coffee Card. You can also refill/top-up your digital Coffee Card at any of our checkout registers. Tell the barista at the checkout to top-up your digital Coffee Card and that you wish to pay for the purchase with the amount that you have topped-up your card with.
Register your debit or credit card
6.4 You can update, change or delete a registered debit or credit card in the App at any time. If you choose to delete your card details, the information will also be deleted in our systems.
Scan the bar-code for your membership
6.5 You can take advantage of personal offers by scanning the barcode for your membership in the App before you pay for your purchase at our coffee shops, and you choose which payment method you want to use to pay for your purchase.
Exchange rate when using the Service abroad
6.6 The exchange rate applicable at the time of your purchase will be applied when you pay your purchase with the chosen payment method in a country with another currency than the one you used when you topped-up your membership account. Deviations can arise between various exchange rates, but Espresso House never charges you more for a product that you have purchased in your local currency than the actual cost in the coffee shop where the purchase is made.
7. CONFIRMATION OF COMPLETED PURCHASE
7.1 When you hade made a pre-order in the App, signed up for a Subscription or topped-up your digital Coffee Card in the App, we will send you a confirmation of your purchase to your email address. If you do not receive this email, please check your spam file. If you do not find the email there, it may be because you entered the wrong email address. If so, contact us at the contact information specified below, see clause 20.
8. RIGHT OF WITHDRAWAL AND REFUND
Coffee Card
8.1 When you top-up your digital Coffee Card at the checkout in our coffee shops, the transfer is irrevocable. You will subsequently not be able to recover the amount paid, neither by refunding the amount to the debit or credit card, nor by receiving the amount in cash in our coffee shops.
8.2 When you top-up the digital Coffee Card in the App by connecting it to your debit or credit card, you are entitled to a 14-day right of withdrawal from the day the top-up was made.
8.3 If you would like to use your right of withdrawal, please contact us, within 14 days of the top-up being made. You can also use the Swedish Consumer Agency's standard form, https://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett.
8.4
If you choose to use your right of withdrawal, we will refund the payment that we have received from you, minus any eventual amount used by you. Refunds are made to the debit or credit card used for the top-up. The amount will be refunded within 14 days from the date we received your notice of withdrawal.
The Subscription
8.5 You are entitled to a 14-day right of withdrawal from the Subscription counted from the date the payment was made. Please note that the right of withdrawal is limited for our Subscription. The right of withdrawal expires as soon as you have activated the subscription by picking up your first subscription drink or using a subscription upgrade (see section 4.5). This means that you have no right of withdrawal from the time you activated the subscription, and we have begun our fulfillment of the Subscription, even if the withdrawal period has not expired.
8.6 If you would like to use your right of withdrawal, please contact us, within 14 days of the payment being made. You can also use the Swedish Consumer Agency's standard form, https://publikationer.konsumentverket.se/kontrakt-och-mallar/angerblankett
8.7 If you choose to use your right of withdrawal without having activated the Subscription in accordance with item 8.7 above, we will refund the payment we have received from you. Refunds are made to the debit or credit card used for your payment. The amount will be refunded within 14 days from the date we received your notice of withdrawal.
Pre-order in the App
8.8 You have no right to cancel, return or withdraw after your order has been made for food and beverage via the App, in accordance with the exception for right of withdrawal in the Swedish Act (2005:59) on Distance Contracts and Off-Premises Contracts. If you have any opinions, please see the section below regarding complaints.
9. TERMINATE YOUR MEMBERSHIP OR YOUR SUBSCRIPTION
The Service
9.1 You can terminate your membership of the Service, at any time, and stop using the Service by contacting us
9.2 Espresso House has the right to terminate your membership if you are in breach of one or more sections in these Terms.
9.3 If there is money remaining on your digital Coffee Card when your membership ends, please contact us. You will then receive a physical Coffee Card containing the same amount that was remaining on your digital Coffee Card when the membership ended.
The Subscription
9.4 The Subscription is valid until further notice and may be terminated in the App, subject to a notice period corresponding to the remaining number of days of the current 30-day period. If it does not work to terminate the Subscription in the App, you can also contact us. Please note that we do not refund payment made for the current 30-day period, unless you have the right to withdraw your purchase of the Subscription (see section 8.7 above).
9.5 Espresso House reserves the right to terminate your Subscription at any time and without reason. In such case, you will be compensated for the remaining period of your Subscription for which you have paid (pro rata).
10. COMPLAINTS
10.1 If you receive a product that you consider defective or if you consider any of our services to be defective, we ask that you notify the staff at the checkout as soon as possible or contact customer service at the contact information specified below, see clause 20. Complaints may, however, not be made later than three years from the time you have received the product or our services was completed. Please note that you must leave a message with information regarding the defect "within reasonable time" after you discover it. If you complain within two months from discovering the defect, you will always be considered to have complained about the defect within reasonable time. However, we recommend that you complain immediately, since it may otherwise be difficult for you to prove the flaw.
10.2 If you notify the staff at the checkout about the defect, we strive to resolve the situation on the spot. If you instead choose to contact customer service, we will normally contact you within a few days after we have received your complaint.
11. YOUR PERSONAL INFORMATION
11.1 When you use the Service, we collect and process your personal data. We will process your personal data in accordance with applicable law, including the General Data Protection Regulation. See more about our and our collaboration partners' processing of your personal data HERE
12. AMENDMENT OF THE TERMS
12.1 Espresso House reserves the right to adjust and update these Terms at any time. You will be notified of all updates carried out via at least one of our information channels, i.e. via our website, the App, email or text message. If the Service is amended in a way that negatively affects your rights, we will, provide you with detailed information about this in accordance with applicable law.
12.2 The changes apply either from the time you accept the Terms (in connection with purchases made via the Service), or 30 days after we have informed you about the changes in any of the above-mentioned ways. Espresso House recommends you to stay updated regarding any possible changes by visiting our website regularly: www.espressohouse.com
13. TECHNICAL PROBLEMS, DEVIATIONS IN OUR OFFER AND EXTRAORDINARY CIRCMSTANCES
13.1 We are not responsible for any technical problems you experience with the Service due to reasons or events caused by fire, flood, explosion, riot, war, war-like events, hurricanes, sabotage, terrorism, vandalism, accidents, restrictions issued by the state, new laws, injunctions, strikes and other similar events. These circumstances justify discharge from liability and other sanctions.
13.2 Espresso House will always work to ensure that the technology behind the Service and the App works well, but the App is delivered as it is and with the quality it has. Espresso House is not responsible for any lost offers or similar events, which are due to technical problems when using the Service or the App. If you experience technical problems when using the Service or the App, please see "frequently asked questions" or contact us or contact one of our Baristas in a Coffee Shop.
13.3 Espresso House always works to ensure that the offers and discounts made available to you are accurate and up-to-date. However, we cannot guarantee that all of our offers and discounts are always available at all of our coffee shops. Nor can we guarantee that all the offers and discounts are accurate and up-to-date at all times. Espresso House cannot be held responsible for any discrepancies between the offers presented through the Service and access to those in our various coffee shops.
14. INTELLECTUAL PROPERTY RIGHT
14.1 All content and materials available in the App and through our services, such as text, files, images, trademarks, logotypes, graphics, drawings, photographs, videos, music or other material (the "Content") are protected by Espresso House's or our business partners' copyright, trademark protection and/or other applicable intellectual property rights. You may not reproduce, process, copy, transmit, sell, link to or transfer Content without previous written consent from Espresso House.
15. SYSTEM REQUIREMENTS
15.1 The App does not work for older smartphones, we can unfortunately not specify which telephones it will not work for since there are so many on the market. Also, always ensure to have the latest update on your telephone and the latest update of the App.
16. LINKS
16.1 The App may contain links to other websites that are outside of our control. We are not responsible for the privacy practices or the content of these websites but provide the links to facilitate for our visitors to find more information within specific areas.
17. FRAUD
17.1 We report all fraud and hacking to the police as well as attempts to do so. We reserve the right to refuse or cancel your purchase if we have reason to suspect fraud, hacking and/or other sorts of misuse of the App.
18. ASSIGNMENT
18.1 Your rights and obligations under these Terms may not be assigned by you to a third party. We are, however, free to assign our rights and obligations under these Terms to a third party.
19. APPLICABLE LAW, DISPUTES AND COMPLAINTS MANAGEMENT
19.1 These Terms are governed by Swedish law.
19.2 If you have complaints or opinions regarding our products or services you should, in the first instance, contact us, so that we can resolve your case in the best way.
19.3 If you are not satisfied with our handling of your case, you are welcome to contact The National Board for Consumer Disputes (ARN),www.arn.se or Allmänna Reklamationsnämnden, Box 174, 1010 23 Stockholm, to have your case tried. We do not make a general commitment to participate in alternative dispute resolution proceedings, but we will take final position on this issue in the event of a dispute. You can also use the online complaints platform that is available on the EU Commission's website http://ec.europa.eu/odr.
19.4 If, as a result of these Terms, any disputes arise, which are not resolved through alternative dispute resolution proceedings, the Swedish judicial system shall settle the case with the District Court of Stockholm as the first instance, to the extent allowed by applicable law.
19.5 If the authorized court finds that one clause or several clauses in these Terms are invalid or unenforceable, that clause shall be amended and the other clauses shall be deemed valid and enforceable to the extent allowed by applicable law.
20. CONTACT US
If you have any questions or concerns, please contact us
- via our form here
- by letter to us at EH Group AB, Pyramidvägen 7, 169 56 Solna, Sweden